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07/24/2015
Rocky Dietz v. Hillary Bouldin
Ninth Circuit holds that, in limited circumstances, a court may recall a jury shortly after being dismissed to correct a verdict error.
United States Court of Appeals for the Ninth Circuit

Dietz filed a negligence action against Bouldin as a result of a motor vehicle accident.  Before trial, the parties stipulated to $10,136.00 in past damages.  The only issue for trial was the amount of future damages.  The jury foun

Submitted by: Michael Bonasso, Esq.; Bradford Bury Esq., M.B.A.; and Mitchell Tuggle, Esq.; Flaherty Sensabaugh Bonasso PLLC.   - Posted: 07/27/2015
07/23/2015
LOLA V. SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP, ET AL
Second Circuit Vacates District Court’s Dismissal Of Temporary Attorney’s FSLA’s Claims
United States Court of Appeals for the Second Circuit

Plaintiff filed suit contended that, even though he was an attorney, he was not exempt from the Fair Labor Standards Act requirement for overtime pay since his work involving document review as a temporary lawyer did not constitute the actual prac

Submitted by: Anthony J. Zarillo, Jr. [Riker, Danzig, Scherer, Hyland & Perretti, LLP.] - Posted: 07/24/2015
07/21/2015
THE BABCOCK & WILCOX COMPANY, ET AL. V. AMERICAN NUCLEAR INSURERS, ET AL.
Pennsylvania Supreme Court Adopts Fair, Reasonable and Non-collusive Standard In Reviewing Insured’s Settlement Without Carrier’s Consent
Supreme Court of Pennsylvania

Under Pennsylvania law, an insured may settle an underlying lawsuit, without carrier consent, if that carrier is defending under a reservation of rights, so long as the settlement is “fair, reasonable, and non-collusive.”  In doin

Submitted by: Anthony J. Zarillo, Jr. [Riker, Danzig, Scherer, Hyland & Perretti, LLP.] - Posted: 07/24/2015
07/16/2015
LEE v. AIRGAS-MID SOUTH, INC.
Amended Complaint Does Not Relate Back Where Added Party Has No Notice Within 120 Days
United States Court of Appeals for the Eighth Circuit

On August 21, 2010, Lee was injured when a fitting attached to a welding gas canister separated from the tank. On August 20, 2013, Lee filed suit against Victor Technologies and 10 John Does. After seeking and obtaining leave of court, Lee amended

Submitted by: Jennifer Johnsen and Paul Greene, Gallivan, White & Boyd, P.A. - Posted: 07/20/2015
07/16/2015
ALLSTATE NJ INSURANCE COMPANY V. GREGORIO LAJARA
NJ Supreme Court Rules That Civil IFPA Defendants May Demand Jury Trial
SUPREME COURT OF NEW JERSEY

The New Jersey Supreme Court ruled that defendants sued in civil actions by private insurers under the state’s Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1, et seq. (the “IFPA”), have the right to demand a trial by

Submitted by: Anthony J. Zarillo, Jr. [Riker, Danzig, Scherer, Hyland & Perretti, LLP.] - Posted: 07/22/2015
07/16/2015
Butler v. Drive Automotive Industries of America, Inc.
The Fourth Circuit Finds that Title VII Allows Recovery Against a Temporary Staffing Agency and the Agency’s Client under the Joint Employment Doctrine
United States Court of Appeals for the Fourth Circuit

                The plaintiff was hired by ResourceMFG, a temporary employment agency, to work for Drive Automotive Industries (“Drive”) at its plant in South Carolina. She  claimed she was

Submitted by: Rachel Simes Guttmann, McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch, LLC - Posted: 07/17/2015
07/15/2015
Johnson v. Dodson Insurance Brokerage, LLC
Sixth Circuit Determines that an Injured Third Party to a Liability Insurance Policy Does Not Have a Claim in Negligence or Breach of Contract Against an Insurance Broker for Failure to Procure the Proper Liability Insurance
United States Court of Appeals for the Sixth Circuit

                The Estate of Douglas Johnson sought to recover from an insurance broker for failing to obtain insurance for an amusement company that would have protected the company from liability to injur

Submitted by: Rachel Simes Guttmann, McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch, LLC - Posted: 07/16/2015
07/15/2015
SKIPPER ET AL v. ACE PROPERTY AND CASUALTY INSURANCE CO. ET AL
Legal Malpractice Claims Cannot Be Assigned Between Adversaries in Litigation
South Carolina Supreme Court

Skipper was injured in a motor vehicle accident involving a truck owned by Specialty Logging and insured by ACE. Before filing suit, Skipper demanded ACE’s policy limits to settle the claim; ACE, through lawyers retained to defend Specialty,

Submitted by: Jennifer Johnsen and Paul Greene, Gallivan, White & Boyd, P.A. - Posted: 07/20/2015
07/13/2015
Yang v. City of Wyoming, Michigan
Sixth Circuit Finds City’s Notice to Property Owners about Condition of Commercial Property and Subsequent Demolition Did Not Violate the Due Process Clause of the Fourteenth Amendment; Dissent Questions Contents of Notice
United States Court of Appeals for the Sixth Circuit

                Plaintiffs are owners of a commercial property in Wyoming, Michigan that they allowed to fall into disrepair. The building on the property was vandalized and portions of the building such as

Submitted by: Rachel Simes Guttmann, McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch, LLC - Posted: 07/14/2015
07/10/2015
Liberty University, Inc. v. Citizens Insurance Company of America, et al.
No duty to defend when Principal is alleged vicariously liable for Agent’s intentional acts, even with a Separation of Insureds provision
United States Court of Appeals for the Fourth Circuit

Janet Jenkins sued Liberty University and some of its employees/agents.  She alleged the agents participated in a scheme to kidnap Jenkin’s child and facilitate the child being taken to Nicaragua.  The complaint alleged that Libert

Submitted by: Vicki M. Smith, Bodyfelt Mount LLP - Posted: 07/10/2015
07/10/2015
Wilma Eley v. District of Columbia,
Court addresses the sufficiency of evidence to establish a reasonable attorney fee rate in federal litigation
United States Court of Appeals for the District of Columbia

The second element of the United States Supreme Court’s three-part test to determine an appropriate attorney fee award is to establish a “reasonable hourly rate.”  Blum v. Stenson, 465 US 886 (1984).  The fee petitioner

Submitted by: Vicki M. Smith, Bodyfelt Mount LLP - Posted: 07/10/2015
07/10/2015
Anzaldua v. Northeast Ambulance and Fire Protection Dist., et al.
A fire department was entitled to qualified immunity and did not violate a firefighter’s First Amendment right to free speech
Anzaldua v. Northeast Ambulance and Fire Protection Dist., et al.

This case involved the termination of a firefighter in alleged retaliation for expressing his right to free speech.  The plaintiff had emailed a reporter criticizing his fire protection district and chief.  The issue was whether the defe

Submitted by: Vicki M. Smith, Bodyfelt Mount LLP - Posted: 07/10/2015
07/09/2015
CYPRESS POINT V. ADRIA TOWERS, L.L.C.
New Jersey Appellate Courts Address Key Construction Defect Coverage Issues
NEW JERSEY SUPERIOR COURT APPELLATE DIVISION

n Cypress Point Condo. Ass’n., Inc. v. Adria Towers, et al., A-2767-13T1, a panel of the Appellate Division in a published decision held that consequential damages caused by subcontractors on a construction project constituted “pr

Submitted by: Anthony J. Zarillo, Jr. [Riker, Danzig, Scherer, Hyland & Perretti, LLP.] - Posted: 07/22/2015
07/08/2015
Ball v. LeBlanc
Fifth Circuit Affirms Eighth Amendment Violation for Death Row Plaintiff Prisoners But Limits Scope of Injunction to Remedy Violation
United States Court of Appeals for the Fifth Circuit

Plaintiffs, prisoners in the Angola, Louisiana facility for death row inmates, alleged that the heat they endured during the summer months in non-air conditioned prison cells was in violation of the Eighth Amendment, the Americans with Disabilitie

Submitted by: Rachel Simes Guttmann, McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch, LLC - Posted: 07/13/2015
07/06/2015
Jones v. Dancel
The 4th Circuit rejected an argument for heightened scrutiny of arbitration awards in statutory claims and affirmed refusal to vacate an arbitration award which awarded no actual damages and no additional attorney fees in a class action case.
United States Court of Appeals for the Fourth Circuit

Plaintiffs brought a class action suit seeking more than $270M in damages  against various “credit repair” services for their alleged failure to make the required disclosures under the Credit Repair Organizations Act (“CROA&

Submitted by: Lee Murray Hall, Jenkins Fenstermaker PLLC - Posted: 07/07/2015
07/06/2015
Comar Marine, Corporation v. Raider Marine Logistics
Fifth Circuit Rules Vessel Management Contract Breach Does Not Justify Maritime Liens
United States Court of Appeals for the Fifth Circuit

Comar Marine, a vessel management company, sued four vessel owners for breach of contract due to the owners’ early termination of the management contract.  Pursuant to this suit, Comar secured arrests of the four vessels on the ground t

Submitted by: Sean C. Griffin, Garvey Schubert Barer - Posted: 07/09/2015
07/02/2015
Craig Sanford et al. v. Bracewell & Guiliani, LLP
Third Circuit Compels Former Law Firm Client Into Arbitration Despite Lack of Written Engagement Agreement
United States Court of Appeals for the Third Circuit

Craig Sanford retained Bracewell & Guiliani to recoup money that he and his wife, Mary Jo Sanford, had paid to a third party.  Later, the Sanfords alleged that the firm did nothing to recover their money and sued Bracewell for breach of c

Submitted by: Sean C. Griffin, Garvey Schubert Barer - Posted: 07/09/2015
07/02/2015
Glatt et al. v. Fox Searchlight Pictures, Inc. et al.
Second Circuit reverses decision that unpaid interns were employees
United States Court of Appeals for the Second Circuit

Plaintiffs, who were unpaid interns on the Fox Searchlight film Black Swan or worked in the Fox Corporate offices, claim compensation under the Fair Labor Standards Act and New York Labor Law.  At the close of discovery, Plaintiffs moved for

Submitted by: Kevin G. Faley and Kerry E. Sullivan, Morris Duffy Alonso & Faley - Posted: 07/06/2015
07/01/2015
Lauri Huffman v. Speedway, LLC
Sixth Circuit Affirms termination of employee under the Family Medical Leave Act
United States Court of Appeals for the Sixth Circuit

Defendant attempted to place Plaintiff on Family Medical Leave Act leave rather than accommodating the pregnancy-related work restrictions that her doctor identified.  Plaintiff was unwilling to leave and refused to return the Family Medical

Submitted by: Kevin G. Faley and Kerry E. Sullivan, Morris Duffy Alonso & Faley - Posted: 07/06/2015
07/01/2015
Scott Rudlaff, PR of the Estate of Lawrence Carpenter v. Brandon Gillispie; Jacob Bielski,
Sixth Circuit Court of Appeals Reverses Denial of Summary Judgment to Police Officers That Allegedly Used Excessive Force
United States Court of Appeals for the Sixth Circuit

This case involved the alleged excessive use of force by two county police officers.  Plaintiff was well known to the officers: he had been stopped on three prior occasions for driving with a suspended license and often was “physical&rd

Submitted by: D. Jay Davis, Jr. and J. Camden Hodge of Young Clement Rivers, LLP - Posted: 07/02/2015
06/29/2015
Danny Ray Marks, Jr. v. Timothy B. Johnson v. Scottsdale Ins. Co
Fourth Circuit Court of Appeals Rules Insurance Company Had No Duty to Defend or Indemnify Plaintiff in Underlying Negligence Suit
United States Court of Appeals for the Fourth Circuit

Defendant Johnson, a member of a hunt club (the “Club”), was hunting deer on land leased by the Club and adjacent to a highway in Richmond County, VA.  Johnson shot at a deer and pellets from the shot traveled toward the highway a

Submitted by: D. Jay Davis, Jr. and J. Camden Hodge of Young Clement Rivers, LLP - Posted: 06/30/2015
06/29/2015
Test Masters Educational Services, Inc. v. State Farm Lloyds,
Fifth Circuit Court of Appeals Holds that State Farm Had No Duty to Defend Trademark Infringement Claim
United States Court of Appeals for the Fifth Circuit

Test Masters Educational Services, Inc. (“TES”) filed suit against State Farm, seeking a declaratory judgment that State Farm owed TES a duty to defend.  The underlying suit involved claims made by TES against Robin Singh Educatio

Submitted by: D. Jay Davis, Jr. and J. Camden Hodge of Young Clement Rivers, LLP - Posted: 06/30/2015
06/15/2015
Shell v. Smith
Jury question on whether possessing a CDL and driving a bus were essential duties for Mechanic’s Helper
United States Court of Appeals for the Seventh Circuit

Marc Shell, a man with hearing and vision impairments which prevented him from obtaining a Commercial Driver’s License (CDL), was a Mechanic’s Helper for the City of Anderson Transit System (CATS).  While it was in the job descrip

Submitted by: Mallory K. Schiller, Dickinson-Wright - Posted: 07/05/2015
06/01/2015
EEOC v. Abercrombie & Fitch Stores, Inc.
Employer may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions.
United States Supreme Court

Abercrombie refused to hire Samantha Elauf, a practicing Muslim who wore a headscarf, solely on the grounds that the headscarf she wore would violate its “Look Policy.”  The Look Policy did not address headscarves, but did prohibi

Submitted by: Mallory K. Schiller, Dickinson-Wright - Posted: 07/05/2015
01/29/2015
Moore v. Getahun
Consultation and collaboration between counsel and experts is permitted to ensure that expert witnesses understand their duties as an expert
Ontario Court of Appeal

The Plaintiff argued that the Defendant orthopaedic surgeons fell below the standard of care by having a cast applied to a wrist injury which caused the Plaintiff to develop compartment syndrome. The trial judge found that the Defendant failed to

Submitted by: David A. Bertschi,Bertschi Orth Solicitors & Barristers LLP, - Posted: 07/13/2015
01/15/2015
Tilley v. Kalamazoo County Road Commission
A jury should decide if FMLA rights were created by letter.
United States Court Of Appeals for the Sixth Circuit

Terry Tilley, an employee of the Kalamazoo County Road Commission (“Road Commission”) took an absence from work after experiencing symptoms which impelled him to visit the emergency room.  An “employee representative”

Submitted by: Mallory K. Schiller, Dickinson-Wright - Posted: 07/05/2015

 

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