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Keyword: Court:

09/10/2014
Buck v. Columbia Hosp. Corp. of S. Broward
Florida District Court of Appeals Affirms Trial Court’s Dismissal of General Negligence Complaint because the Allegations Sounded in Medical Malpractice
Florida District Court of Appeals

Plaintiff filed a general negligence suit on behalf of Decedent against Westside Regional Medical Center (“Westside”).  Plaintiff alleged that Decedent was admitted to Westside due to complications related to her chronic obstructi

Submitted by: D. Jay Davis and J. Camden Hodge of Young Clement Rivers, LLP - Posted: 09/12/2014
09/09/2014
Jones v. MEA, Inc.
Mississippi Court of Appeals Finds That Self-Proclaimed “Doctor of Naturopathic Medicine” was Not Qualified to Testify Against Medical Doctor in Malpratice Suit
Mississippi Court of Appeals

81 year-old Decedent was prescribed medication for her high blood pressure.  She had an adverse reaction to the medication and was sent to the hospital.  She was discharged the next day, but returned six weeks later to a different hospit

Submitted by: D. Jay Davis and J. Camden Hodge of Young Clement Rivers, LLP - Posted: 09/10/2014
09/08/2014
Haney v. Lewis
Louisiana Court of Appeals Upholds Trial Court’s Refusal to Grant New Trial in Medical Negligence Action.
Louisiana Court of Appeals

Plaintiff underwent a total knee replacement surgery at the Greater Baton Rouge Surgical Hospital (the “Hospital”) between 10 and 11 AM.  Immediately following the surgery, the orthopedic surgeon was unable to discern a pulse in P

Submitted by: D. Jay Davis and J. Camden Hodge of Young Clement Rivers, LLP - Posted: 09/15/2014
09/08/2014
ROY V. TRAVELERS INSURANCE
Third Circuit Enforces Policy Provision Specifying Limitations Period Shorter than Statute of Limitations
United States Court of Appeals for the Third Circuit

Policy provision required insured to bring any coverage suit within two years of the date of loss.  Policyholder sued after the two-year period had expired, but before the expiration of the statute of limitations.  Policyholder argued th

Submitted by: Alan Rutkin of Rivkin Radler LLP. - Posted: 09/15/2014
09/05/2014
Monique Sinkfield v. State Farm
Circuit Court affirms finding that State Farm is entitled to summary judgment on the basis of the policy’s fraud clause.
United States Court of Appeals for the Sixth Circuit

Plaintiff purchased a home for $50,000.  Plaintiff applied for over $200,000 worth of insurance from State Farm  in December 2010. Defendant wrote the policy.  On December 31, 2010, the plaintiff filed for bankruptcy and listed her

Submitted by: Kay Gaffney, Barnes Alford - Posted: 09/05/2014
09/05/2014
UNITED STATES V. INDEX NEWSPAPERS
The public’s rights of access to certain records of Grand Jury contempt proceedings were categorical, but were not unqualified.
United States Court of Appeals for the Ninth Circuit

The panel affirmed in part and reversed in part the district court’s order denying in part a newspaper’s motion to unseal transcripts and filings related to grand jury witness Matthew Duran’s contempt and continued confinemen

Submitted by: Meloney Perry of Perry Law P.C., Dallas, TX - Posted: 09/08/2014
09/05/2014
JOHN DELANEY V. BANK OF AMERICA CORP., ET AL
Employer satisfied its burden to articulate a legitimate, nondiscriminatory reason for termination.
United States Court of Appeals for the Second Circuit

Age discrimination claim—The Court held that it was well established that the burden-shifting framework set forth by the Supreme Court in McDonell Douglas Corp. v. Green, 411 U.S. 792 (1973) applies to claims bought under the ADEA.  And

Submitted by: Meloney Perry of Perry Law P.C., Dallas, TX - Posted: 09/08/2014
09/04/2014
DOE V. NESTLE USA, INC.
ATS claim asserted by the plaintiffs requires the Court to look to international law and determine whether corporations are subject to the norms underlying that claim.
United States Court of Appeals for the Ninth Circuit

The plaintiffs are former child slaves who were forced to harvest cocoa in the Ivory Coast. They filed claims under the Alien Tort Statute (ATS) against defendants Nestle USA, Inc., Archer Daniels Midland Company, Cargill Incorporated Company, and

Submitted by: Meloney Perry of Perry Law P.C., Dallas, TX - Posted: 09/05/2014
09/04/2014
LAVIN, ET AL. V HUSTE
An abuse of discretion exists when the district court applies the wrong legal standard, misapplies the correct legal standard, or relies on clearly erroneous findings of fact or when we are “‘firmly convinced that a mistake has been made.
United States Court of Appeals for the Sixth Circuit

Plaintiffs appeal the district court’s award and reduction of attorneys’ fees under 42 U.S.C. § 1988 arguing that it abused its discretion by relying on several considerations irrelevant to, and inconsistent with, the §1988 i

Submitted by: Meloney Perry of Perry Law P.C., Dallas, TX - Posted: 09/05/2014
09/04/2014
F. H. V. MEMPHIS CITY SCH., ET AL.
Appellants’ § 1983 claims do not arise under the IDEA, were not released by the Settlement Agreement.
United States Court of Appeals for the Sixth Circuit

Plaintiffs as next friend filed suit against Memphis City Schools (MCS) alleging MCS allowed for the abuse and neglect of F.H. while enrolled in its schools, and allege Appellee breached a Settlement Agreement. The district court granted Appellee&

Submitted by: Meloney Perry of Perry Law P.C., Dallas, TX - Posted: 09/05/2014
09/04/2014
SFM HOLDINGS LTD, ET AL. V. BANC OF AMERICA SECURITIES, LLC.
Circuit Court rules the District court had authority to enjoin claims relitigation in state court.
United States Court of Appeals for the Eleventh

This appeal concerns the effect of an earlier federal lawsuit on a pending state lawsuit, both arising from the same course of events between the parties. The district court enjoined Plaintiffs from prosecuting an action in Florida state court aga

Submitted by: Meloney Perry of Perry Law P.C., Dallas, TX - Posted: 09/05/2014
09/04/2014
SAFELITE GROUP, INC. V. JEPSEN
Circuit Court orders a preliminary injunction on First Amendment grounds in a dispute about Auto Glass replacements.
United States Court of Appeals for the Second Circuit

Safelite Group, Inc., and its subsidiary, insurance-claims administrator Safelite Solutions LLC, appeal from a denial of a preliminary injunction against enforcement of Connecticut’s Public Act 13-67 (“PA 13-67"), “An Act Co

Submitted by: Meloney Perry of Perry Law P.C., Dallas, TX - Posted: 09/05/2014
09/02/2014
Sauer v. Crews
Century’s CGL policy did not provide coverage for the “trailer” involved in accident.
Ohio Supreme Court

This case presented the question: Should ambiguity be determined only after the language at issue is examined in light of the overall context of the policy?  The Court ruled that We answer in determining whether a policy provision is ambiguou

Submitted by: Victoria H. Roberts Vice-President & Counsel Meadowbrook Insurance Group - Posted: 09/02/2014
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
08/28/2014
HAYNE V. THE DOCTORS COMPANY
Supreme Court of Mississippi Rules that Medical Malpractice Policy Does Not Cover Inmates’ Fraud Claims in Wrongful Convictions
Supreme Court of Mississippi

Exonerated former inmates sued a doctor who had testified against them.  The exonerated former inmates alleged fraud and malicious prosecution.  The doctor sought coverage under his malpractice policy.  The policy, however, was limi

Submitted by: Alan Rutkin of Rivkin Radler LLP. - Posted: 09/15/2014
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
08/26/2014
In re Estate of Ball,
State Tort Liability Act’s Definition of “Medical Treatment” Extended to Mental Illness
Michigan Court of Appeals

Decedent Mr. Ball was a World War II veteran who was admitted to a veteran’s nursing home that included an Alzheimer’s/dementia ward.  His wife, Ms. Ball, also was admitted to the nursing home.  Because decedent repeatedly wo

Submitted by: Jay Davis and Camden Hodge Young Clement Rivers, LLP - Posted: 09/09/2014
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
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