FDCC
Connect with Us
     
Hot Cases Search
Category: You may select multiple categories to search. Results will display documents that are in all categories selected.
All Categories Alternate Dispute Resolution
Business Torts and Commercial Litigation Construction, Fidelity, Surety and Public Contract
Employment Litigation and Civil Rights Ethics and Professionalism
Excess and Surplus Lines Extra Contractual Liability
Good of the Order Insurance Coverage
Insurance Industry Intellectual Property
International Practice and Law Life, Health & Disability
Management, Economics & Technology of Practice Medical Malpractice
Pharmaceutical Litigation Premises Liability
Products Liability Professional Liability
Property Insurance Reinsurance
Technology and E-Commerce Toxic Tort and Environmental Law
Transportation Trial Tactics, Practice and Procedures
Workers Compensation
Keyword: Court:

08/28/2014
W.J. O'Neil Company v. Shepley, Bulfinch, Richardson
Unreviewed arbitration award does not bar the later litigation of a claim not subject to the arbitration.
United States Court of Appeals for the Sixth Circuit

After losing millions of dollars because of delays and coordination failures in building a hospital, W.J. O’Neil Company sued its construction manager in state court. The two ended up in arbitration. Shepley, Bulfinch, Richardson & Abbot

Submitted by: Kay Gaffney, Barnes Alford - Posted: 08/28/2014
08/27/2014
Bible Believers v. Wayne County
6th Circuit affirms Summary Judgment finding law Enforcement did not violate First Amendment free-speech and free-exercise rights and did not violate the Fourteenth Amendment’s Equal Protection Clause.
United States Court of Appeals for the Sixth Circuit

The City of Dearborn in Wayne County, Michigan, has hosted the Arab International Festival every summer from 1995 until 2012. A three-day event that was free and open to the public, the Festival welcomed roughly 250,000 attendees and featured carn

Submitted by: Kay Gaffney, Barnes Alford - Posted: 08/28/2014
08/26/2014
Velma Bates v. Dura Automotive Systems, Inc.
Drug testing policy created a cause of action for terminated employees.
United States Court of Appeals for the Sixth Circuit

In 2007, Dura Automotive Systems, Inc., began testing employees for substances appearing in both illegal drugs and in prescription medications packaged with warnings about operating machinery. Plaintiffs-appellees, none of whom has a disabilityund

Submitted by: Kay Gaffney, Barnes Alford - Posted: 08/26/2014
08/26/2014
Lois Davis v. Fort Bend County
Plaintiff's testimony about her own sincere belief regarding her religious need to attend a special service at church on Sunday sufficiently evidenced a genuine dispute of material fact whether she held a bona fide religious belief.
United States Court of Appeals for the Fifth Circuit

Fort Bend hired Davis in December 2007 as a Desktop Support  Supervisor responsible for supervising about fifteen information technology technicians. In March 2011, Fort Bend prepared to install personal computers, network components, and aud

Submitted by: Kay Gaffney, Barnes Alford - Posted: 08/27/2014
08/25/2014
Stew Farm, Ltd. v. Natural Res. Conservation Serv.
No federal court jurisdiction for dispute over grass waterways.
United States Court of Appeals for the Sixth Circuit

STEW Farm sought money damages and declaratory relief  alleging that grass waterways were improperly installed on the farm it now owns.  STEW Farm purchased the land from John Neff, who originally contracted with Watershed to have the wa

Submitted by: Kay Gaffney, Barnes Alford - Posted: 08/25/2014
08/25/2014
Raymond Carey v. Foley & Lardner, LLP
Partner’s discrimination case dismissed. No evidence that there is another partner who was similarly situated treated more favorably.
United States Court of Appeals for the Sixth Circuit

Raymond J. Carey, a partner in the Detroit office of Foley & Lardner LLP became dissatisfied after comparing his compensation to that of other partners. He calculated the rate of pay per billable hour for all partners in the Detroit office and

Submitted by: Kay Gaffney, Barnes Alford - Posted: 08/25/2014
08/22/2014
Wallace v. FedExCorp.
Court reinstates $173,000 jury verdict over employer’s failure to notify employee of consequences of not submitting FMLA certification
United States Court of Appeals for the Sixth Circuit

Plaintiff, a FedEx paralegal, was granted a two-week medical leave of absence due to a joint disorder.  Her doctor then extended the leave, but Plaintiff failed to provide a new medical certification for the additional leave, and she was term

Submitted by: Michele Ballard Miller and Carolyn Rashby, Miller Law Group (San Francisco and Los Angeles) - Posted: 08/26/2014
08/21/2014
Williams v. GEICO
The family step-down provision, which reduced the coverage under the liability policy from the stated policy amount to the statutory minimum violates public policy and was therefore void.
Supreme Court of South Carolina

The Murrys, who were husband and wife, purchased a motor vehicle insurance policy from GEICO. The Murrys were the only named insureds on the policy. The Murrys carried liability coverage in excess of the statutory minimum limits. As indicated on t

Submitted by: Kay Gaffney, Barnes Alford - Posted: 08/21/2014
08/20/2014
Pacific Shores Hospital v. United Behavioral Health et al
Claims administrator’s refusal to pay for more than three weeks of inpatient hospital treatment for anorexia nervosa was violation of fiduciary duty.
United States Court of Appeals for the Ninth Circuit

An employee of Wells Fargo (the “patient”) was covered by the Wells Fargo & Company Health Plan (“the Plan”), which plan was governed by the Employee Retirement Income Security Act of 1974 (“ERISA”).  U

Submitted by: Eric A. Schneider and Leila Rossetti, Anderson, McPharlin, & Connors LLP (Los Angeles) - Posted: 08/22/2014
08/19/2014
Kroll v. White Lake Ambulance Authority
Psychological counseling requirement for employee was not a job-related medical examination under the Americans with Disabilities Act
United States Court of Appeals for the Sixth Circuit

Plaintiff, an emergency medical technician, was required by her supervisor to undergo psychological counseling because of her "immoral" sexual conduct.  Plaintiff contended that the counseling requirement amounted to an improper med

Submitted by: Michele Ballard Miller and Carolyn Rashby, Miller Law Group, San Francisco & Los Angeles - Posted: 08/20/2014
08/19/2014
Garcia et al. v. Tyson Foods Inc. et al
Tenth Circuit upholds $4 million verdict and attorneys’ fee award in donning-doffing case
United States Court of Appeals for the Tenth

A Tenth Circuit panel upheld a $500,000 jury verdict and $3.4 million attorneys’ fee award in an employment class action contending that the employer violated the Fair Labor Standards Act (“FLSA”) by failing to pay employees for

Submitted by: Michele Ballard Miller and Carolyn Rashby, Miller Law Group, San Francisco & Los Angeles - Posted: 08/20/2014
08/15/2014
Wyeth, Inc., et al., v. Danny Weeks, et al.
Manufacturer of a brand name pharmaceutical may be liable for fraud or misrepresentation (misrepresentation or omission) for statements made when sued by a plaintiff claiming personal injury caused by a generic version of the pharmaceutical manufactured by a different company.
Supreme Court of Alabama

Plaintiff claimed injury from an improper warning on a generic drug, the brand name version of which was manufactured by defendants, but the generic was made and sold by another company.  Stating “We are not turning products liability l

Submitted by: Craig A. Marvinney of Walter & Haverfield, LLP, Cleveland, Ohio - Posted: 08/18/2014
08/14/2014
Innovation Ventures, LLC v. N2G Distributing, Inc. and Alpha Performance Labs
Five Hour Energy successfully protects trademark and trade dress with permanent injunction and contempt holding
United States Court of Appeals for the Sixth Circuit

Plaintiff, Innovation Ventures, LLC, is the marketer, distributor, and seller of 5-hour ENERGY (“FHE”). FHE is an energy shot, which is an energy drink sold and consumed in small portions.  In June 2004, Plaintiff submitted &ldquo

Submitted by: Kevin G. Faley and Kerry E. Sullivan, Morris Duffy Alonso & Faley - Posted: 08/15/2014
08/13/2014
Kathleen McCarthy v. Ameritech Publishing, Inc. et al.
Rule 37(c)(2) interpreted to encompass reasonable attorney fees and costs related to preparation and presentation of a fee application
United States Court of Appeals for the Sixth Circuit

Kathleen McCarthy filed suit against Ameritech Publishing, Inc. (API) and AT&T Advertising Solutions (AT&T), her former employers, to recover damages for claims related to her August 2008 employment termination. API, a wholly owned subsidi

Submitted by: Kevin G. Faley, Morris Duffy Alonso & Faley - Posted: 08/14/2014
08/11/2014
Andrew Dwyer v. Cynthia Cappell et al.
New Jersey guideline banning attorney advertising containing judicial opinions is unconstitutional infringement on speech.
United States Court of Appeals for the Third Circuit

Attorney Andrew Dwyer was lauded by New Jersey judges in separate judicial opinions.  Dwyer published these commendations on his law firm’s website and one of the judges objected to this.  The judge asked Dwyer to remove the remars

Submitted by: Kevin G. Faley, Morris Duffy Alonso & Faley - Posted: 08/12/2014
08/07/2014
Nationwide Mutual Insurance Company vs. Fred L. Baptist and Debbie Baptist
Renewing homeowner’s policy when Plaintiffs no longer owned home constituted a material misrepresentation sufficient to rescind policy.
United States Court of Appeals for the Fifth Circuit

The Baptists purchased a Nationwide homeowner’s insurance policy in October 2006.  In November 2008, they lost their home to foreclosure.  However, they did not inform Nationwide of this and they continued to occupy the home. 

Submitted by: Kevin G. Faley, Morris Duffy Alonso & Faley - Posted: 08/13/2014
08/07/2014
Kelsey Nobach v. Woodland Village Nursing Center, Incorporated
Employees must submit sufficient evidence that employers knew of their religious beliefs to succeed on a 50(b) motion under Title VII of Civil Rights Act
United State Court of Appeal for the Fifth Circuit

On September 19, 2009, Plaintiff Kelsey Nobach, a nursing home activities aid, was called to work an unscheduled shift in Woodland Village Nursing Center’s main hall where she did not usually work. Early in her shift, Nobach began a transfer

Submitted by: Kevin G. Faley, Morris Duffy Alonso & Faley - Posted: 08/11/2014
07/31/2014
Madison Teachers Inc. v. Walker
Wisconsin Supreme Court upholds Act 10 limiting public employee union activities.
Wisconsin Supreme Court

Wisconsin Act 10 contains collective bargaining limitations,  union recertifications, and the prohibitions on fair share agreements and payroll deductions of labor organization dues for public employees.  The Court rejected the plaintiff

Submitted by: Kay Gaffney, Barnes Alford - Posted: 07/31/2014
07/30/2014
Thomas Killion v. KeHE Distributors
District court erred in granting Employer summary judgment on outside-sales-exemption issue and further erred in excluding from the collective action those employees who had signed the waivers.
United States Court of Appeals for the Sixth Circuit

KeHE is a distributor of specialty ethnic and health foods to retailers, some of which are  independent stores and some of which are large chain stores.  The plaintiffs were employees who classified as sales representative  and were

Submitted by: Kay Gaffney, Barnes Alford - Posted: 07/30/2014
07/28/2014
Security National Bank of Sioux City, IA, The v. Abbott Laboratories
Judge rules that counsel guilty of discovery abuse based on his review of depositions.
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA WESTERN DIVISION

This is a  product liability case which was tried to a jury in January of 2014. Plaintiff Security National Bank (SNB), acting as conservator for a minor child, J.M.K., sued Defendant Abbott Laboratories (Abbott), claiming that

Submitted by: Andrew Downs, Bullivant Houser Bailey, PC - Posted: 08/11/2014
Quick Links

About Us


Member Directory


Meetings & Events

Media Room
 
Search Site



 
Member Login
Forgotten Password? Click Here.

11812 North 56th Street, Tampa, FL 33617   l  Phone: 813-983-0022 

©  Federation of Defense & Corporate Counsel, Inc.  All Rights Reserved.