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Keyword: Court:

03/25/2015
JOHNSON V. AMERICAN TOWERS
Murder-for-Hire via Contraband Cell Phone in Prison: Court Affirms Dismissal of Plaintiffs’ Claims
United States Court of Appeals for the Fourth Circuit

Robert Johnson, a prison guard responsible for seizing cell phones and contraband from inmates, was shot multiple times in his home. An investigation revealed the attack was ordered by an inmate at the prison where he worked; ironically, the inmat

Submitted by: Tina Safi, Neil, Dymott, Frank, McFall & Trexler APLC - Posted: 03/27/2015
03/24/2015
ROBINSON V. CONCENTRA HEALTH SERVICES, INC.
Plaintiff Can’t Have Her Cake and Eat it Too: Prior Disability Claim Prevents Her From Showing She Was Qualified for the Position She Held at Time of Termination
United States Court of Appeals for the Second Circuit

Plaintiff was a medical assistant at Concentra Health Services, Inc. and was terminated in September 2010. After her termination, she applied for Social Security disability benefits, on the ground she had multiple sclerosis and was unable to work.

Submitted by: Tina Safi, Neil, Dymott, Frank, McFall & Trexler APLC - Posted: 03/27/2015
03/24/2015
PROFESSIONAL MASSAGE TRAINING CENTER V. ACCREDITATION ALLIANCE OF CAREER SCHOOLS AND COLLEGES
Court Supports Denial of Massage School’s Accreditation and Notes Private Entities Are Not Subject to the Strictures of Due Process Requirements
United States Court of Appeals for the Fourth Circuit

The Professional Massage Training Center (PMTC) brought a suit against the Accreditation Alliance of Career Schools and Colleges (ACCSC) for violation of its due process rights after ACCSC denied the school’s application for re-accredita

Submitted by: Tina Safi, Neil, Dymott, Frank, McFall & Trexler APLC - Posted: 03/27/2015
03/23/2015
JUSTIN RICHARDSON V. AXION LOGISTICS, LLC
Plaintiff Painted a Picture of Whistleblower Retaliation by Circumstantial Evidence & Properly Alleged Company, Rather Than Employees, Violated State Law
United States Court of Appeals for the Fifth Circuit

Plaintiff Justin Richardson was briefly employed by Axion, as general manager of the company’s Louisiana operations. During his time as general manager, plaintiff discovered two of the company’s employees were fraudulently billing a cl

Submitted by: Tina Safi, Neil, Dymott, Frank, McFall & Trexler APLC - Posted: 03/24/2015
03/20/2015
ARZUAGA V. QUIROS, FAUCHER, CIEBOTER, ET AL.
Prisoner’s Award of Retroactive Social Security Benefits & Receipt of Deposits into Prisoner Trust Account Do Not Render Him Ineligible for In Forma Pauperis Status
United States Court of Appeals for the Second Circuit

Plaintiff Jose Arzuaga, currently incarcerated, filed three separate actions against prison officials and attempted to proceed in forma pauperis (“IFP”). The district court initially granted plaintiff’s motion to proceed IFP but

Submitted by: Tina Safi, Neil, Dymott, Frank, McFall & Trexler APLC - Posted: 03/24/2015
03/19/2015
Lexon Ins. Co. v. Aziz Naser
Appeal Was Timely Where Appellant Had Timely Filed His Rule 59 Motion, Even Though That Filing Was Rejected
United States Court of Appeals for the Sixth Circuit

As a preliminary jurisdictional matter in this appeal, the Sixth Circuit had to rule on whether the appeal was timely. Judgment in the case had been entered against appellant Naser on April 16, 2014. Twenty-eight days later, on May 14, Naser filed

Submitted by: Amanda Cialkowski, Nilan Johnson Lewis LLC - Posted: 03/27/2015
03/17/2015
Colosi v. Jones Lang LaSalle Americas,
“Making Copies” – Costs of Copying Computer Hard Drive Ruled Taxable Cost for Prevailing Party
United States Court of Appeals for the Sixth Circuit

Colosi brought, and lost, a wrongful termination suit against her former employer, LLC. LLC sought to recover costs as the prevailing party. Included in those costs was the cost of imaging Colosi's personal computer's hard drive. The Court

Submitted by: Amanda Cialkowski of Nilan Johnson Lewis LLC. - Posted: 03/17/2015
03/13/2015
Sampson v. ASC Industries
Personal Service of a Suggestion of Death on a Deceased Plaintiff’s Estate is Required in Order for the 90-day Time Limit to Run for the Substitution of a Party under Federal Rules of Civil Procedure 25
United States Court of Appeals for the Fifth Circuit

Rebecca Breaux brought an age discrimination action against her employer, ASC Industries on May 6, 2012. On May 24, 2013, Breaux’s attorney filed with the court a statement in accordance with Rule 25(a)(3) noting that Breaux had died. On Jul

Submitted by: Sean W. Martin, Carr Allison - Posted: 03/17/2015
03/12/2015
Jacobs v NC Administrative Office of the Courts
Fourth Circuit Reverses Summary Judgment by NC Clerk of Court finding record evidence of discrimination, retaliation and failure to accommodate for employee's social anxiety disorder.
United States Court of Appeals for the Fourth Circuit

Former employee brought a claim for claim for disability discrimination, retaliation and failure to provide a reasonable accommodation after she was fired from her position as a Deputy Clerk.  The employee had been diagnosed years before with

Submitted by: James B. Thompson Jr, Goodis Thompson Miller, PA. - Posted: 03/13/2015
03/10/2015
David v. Sirius Computer Solutions, Inc.
Economic Damages Constitute Damages for Personal Injuries and Support Award of Prejudgment Interest
United States Court of Appeals for the Tenth Circuit

Plaintiff Diane David sued Sirius Solutions alleging that the company had misrepresented the terms of employment offered to her.  Prior to working for Sirius,David sold computer equipment and had a lucrative nationwide client base.  When

Submitted by: Amanda Cialkowski of Nilan Johnson Lewis LLC. - Posted: 03/16/2015
03/10/2015
Bean v. Pac. Coast Elevator Corp.
California Court Clarifies Application of Prejudgment Interest
Court of Appeals of California, 4th Appellate District, Division

Eric Lazear, an employee of Pacific Coast Elevator Corporation, ran his vehicle into Daniel William Bean’s truck while Bean was stopped at a red light. Bean suffered serious injuries and sued Pacific Coast. A jury found Pacific Coast neglige

Submitted by: Sean W. Martin, Carr Allison - Posted: 03/12/2015
03/10/2015
Rathburn et al v Health Net of the Northeast, Inc.
Healthcare insurers administering Medicaid in Connecticut may seek reimbursement directly from the Medicaid insured for health expenses recovered from liable third parties.
Supreme Court of Connecticut

Under the Medicaid Act (Medicaid) 42 U.S.C. § 1396 et seq. [2012], federal financial assistance is provided to states that choose to reimburse the costs of medical care to the economically disadvantaged. States may choose contractors to provi

Submitted by: James B. Thompson Jr, Goodis Thompson Miller, PA. - Posted: 03/09/2015
03/05/2015
Pollard v City of Columbis, Ohio
Sixth Circuit reverses District Court denial of summary judgment for qualified immunity in wrongful death claim against officers who shot unarmed, injured and trapped rape suspect.
United States Court of Appeals for the Sixth Circuit

A rape suspect led police officers in Columbus, Ohio, highway car chase which ended when he crossed the median and hit a semitrailer head-on. The officers surrounded the suspect's car and fatally shot the suspect after he reached down into the

Submitted by: James B. Thompson Jr, Goodis Thompson Miller, PA. - Posted: 03/09/2015
03/05/2015
John W. Hamilton-Provost v. Carolyn Colvin, Acting Commissioner of Social Security.
Fifth Circuit affirms ALJ’s decision denying SSI and social security disability insurance benefits to inmate serving life sentence
United States Court of Appeals for the Fifth Circuit

In 2004, plaintiff, Hamilton-Provost, applied for supplemental security income benefits (SSI) and disability insurance as a result of alleged statutory blindness and mental health impairments.  At the administrative hearing, he testified that

Submitted by: Joseph R. Blalock and Michael Bonasso of Flaherty Sensabaugh Bonasso PLLC. - Posted: 03/06/2015
03/04/2015
Jimenez v. Applebee’s Neighborhood Grill & Bar, Applebee’s International, Inc., and Apple American Group, L.L.C.
Diner beware: New Jersey Ct. finds no duty to warn a plaintiff that food is “sizzling hot”
Superior Court of New Jersey, Appellate Division

The plaintiff ordered fajitas at an Applebee’s restaurant.  The plaintiff contends the fajitas were served in a dish that was “real dark, smoking, sizzling, and real hot.” After the meal was served, the plaintiff bowed his h

Submitted by: Travis A. Prince and Michael Bonasso of Flaherty Sensabaugh Bonasso PLLC. - Posted: 03/06/2015
03/04/2015
Lord & Taylor, LLC v. White Flint, L.P., f/k/a White Flint Mall, L.P.
From retail to e-tail? Fourth Circuit affirms Montgomery County, MD Council’s right to demolish formerly upscale Mall in D.C. suburb
United States Court of Appeals for the Fourth Circuit

Lord & Taylor, the oldest upscale, specialty department store chain in the United States, operated a retail store connected to the White Flint Mall located in Montgomery County, MD.  In 2012, the Montgomery County Council approved plans t

Submitted by: Joseph R. Blalock and Michael Bonasso of Flaherty Sensabaugh Bonasso PLLC. - Posted: 03/05/2015
03/04/2015
Leonard Fyock, et al v. City of Sunnyvale
9th Circuit takes aim at Second Amendment and denies preliminary injunction to enjoin restriction on possession of high capacity magazines
United States Court of Appeals for the Ninth Circuit

The district court denied a request for preliminary injunction to enjoin an ordinance enacted by the City of Sunnyvale, California that restricted the possession of large capacity magazines defined as ammunition feeding devices capable of acceptin

Submitted by: Travis A. Prince and Michael Bonasso of Flaherty Sensabaugh Bonasso PLLC. - Posted: 03/05/2015
03/03/2015
.Justin Shane Richardson v. Axion Logistics, LLC
Fifth Circuit reverses Louisiana District Court’s order dismissing plaintiff’s “whistleblower” claim against Axion, LLC
United States Court of Appeals for the Fifth Circuit

Plaintiff, Justin Shane Richardson, filed suit against Axion, LLC, under Louisiana’s “whistleblower” statute.  Richardson alleged in his complaint that shortly after being hired, he learned that two Axion employees, Hall and

Submitted by: Joseph R. Blalock and Michael Bonasso of Flaherty Sensabaugh Bonasso PLLC. - Posted: 03/04/2015
03/02/2015
Dennis Adkins, et al Connie Curts v. Nestle Purina PetCare Company
7th Circuit clarifies when an injunction in federal litigation does not enjoin state litigation
United States Court of Appeals for the Seventh Circuit

The district court entered an order tentatively approving settlement between a class of plaintiffs and Nestle.  The district court’s order included a non-tentative provision that enjoined all class members from prosecuting litigation ab

Submitted by: Travis A. Prince and Michael Bonasso of Flaherty Sensabaugh Bonasso PLLC. - Posted: 03/04/2015
03/02/2015
Adkins et al. & Curts v. Nestle Purina PetCare Company & Waggin' Train, LLC
Threat of Class Settlement Collapse Not Sufficient to Support Federal Court Injunction
United States Court of Appeals for the Seventh Circuit

The District Court for the Eastern District of Illinois had certified a nationwide class of consumers claiming that Nestle and Waggin’ Train had sold dog treats that injured dogs.  The parties to that action reached a tentative settleme

Submitted by: Amanda Cialkowski of Nilan Johnson Lewis LLC. - Posted: 03/16/2015
03/02/2015
Eric D. White v. Duke Energy-Kentucky, Inc.
6th Circuit extends standard of “similarly situated” employees to each prong of a prima facie case under Title VII.
United States Court of Appeals for the Sixth Circuit

The plaintiff was the only African-American at the defendant’s East Bend Station to hold a quasi-management position.  One afternoon the plaintiff observed two Caucasian employees engaged in a verbal altercation. The plaintiff instructe

Submitted by: Travis A. Prince and Michael Bonasso of Flaherty Sensabaugh Bonasso PLLC. - Posted: 03/03/2015
03/02/2015
Carolyn Lewis, et al, v. Johnson and Johnson, et al.
Fourth Circuit affirms summary judgment on tension-free vaginal tape “failure-to-warn” claim
United States Court of Appeals for the Fourth Circuit

Carolyn Lewis, a Texas resident, filed suit against Ethicon, Inc. and Johnson and Johnson in the Northern District of Texas for personal injury allegedly caused by tension-free vaginal (TVT) tape manufactured by Ethicon.  The suit was subsequ

Submitted by: Joseph R. Blalock and Michael Bonasso of Flaherty Sensabaugh Bonasso PLLC. - Posted: 03/03/2015
02/27/2015
In re Online DVD-Rental Antitrust Litigation, Andrea Resnick, et al. v. Netflix, Inc., Wal-Mart Stores, Inc., Walmart.com USA LLC
House of Costs: 9th Circuit clarifies recoverable costs in antitrust litigation filed against Netflix
United States Court of Appeals for the Ninth Circuit

The plaintiffs, individuals representing a class of Netflix subscribers, filed suit against Netlflix and Wal-Mart alleging violations of the Sherman Act.  The subscribers’ cause of action for violations of the Sherman Act arise from a P

Submitted by: Travis A. Prince and Michael Bonasso of Flaherty Sensabaugh Bonasso PLLC. - Posted: 03/02/2015
02/27/2015
Severin Hegel and Stephanie Hegel, v. The First Liberty Insurance Corporation
11th Circuit narrows definition of “structural damage” under Florida’s sinkhole insurance statute
United States Court of Appeals for the Eleventh Circuit

The plaintiffs, Severin and Stephanie Hegel, filed suit against First Liberty Insurance Corporation to recover on a homeowner’s insurance policy that insured against “sinkhole loss” as an exception to the policy’s exclusion

Submitted by: Joseph R. Blalock and Michael Bonasso of Flaherty Sensabaugh Bonasso PLLC. - Posted: 03/02/2015
02/25/2015
STATE OF SOUTH CAROLINA v. ORTHO-MCNEIL PHARMACEUTICALS, INC.
South Carolina’s Highest Court Reduces Penalty Assessed Against Johnson & Johnson Unit To $136 Million
SUPREME COURT OF SOUTH CAROLINA

Ortho-McNeil-Janssen Pharmaceuticals (Janssen), a unit of Johnson & Johnson, manufactured the antipsychotic drug Risperdal. South Carolina alleged that Janssen violated its law by willfully failing to disclose known risks and side effects asso

Submitted by: Anthony J. Zarillo, Jr. [Bevan, Mosca, Giuditta & Zarillo, P.C.] - Posted: 03/02/2015
02/25/2015
NORTH CAROLINA STATE BD. OF DENTAL EXAMINERS v. FTC
Supreme Court Rules That State Dental Board Controlled By Dentists Subject To Antitrust Law
SUPREME COURT OF THE UNITED STATES

The issue presented to the Supreme Court was whether a state regulatory board, made up of dentists (and, therefore, market participants, elected by other market participants), is a private actor subject to federal antitrust laws.  In a 6-3 de

Submitted by: Anthony J. Zarillo, Jr. [Bevan, Mosca, Giuditta & Zarillo, P.C.] - Posted: 02/27/2015
02/24/2015
FOX v. LINCOLN FINANCIAL GROUP, ET AL.
New Jersey Appellate Court Rejects Marital Presumption For Payment Of Life Insurance Policy Proceeds
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION

In a matter involving competing claims to the proceeds of a life insurance policy, a trial court awarded judgment to the sister of the decedent who was designated the beneficiary under the policy.  On appeal, the decedent’s wife argued

Submitted by: Anthony J. Zarillo, Jr. [Bevan, Mosca, Giuditta & Zarillo, P.C.] - Posted: 02/27/2015
01/20/2015
Graves v. North Eastern Services, Inc.
Intentionally Tortious Behavior Constitutes “Fault” for Purposes of Utah’s Comparative Fault Statute
Utah Supreme Court

This case answered the question of whether Utah’s comparative fault statute permitted allocation of responsibility for intentional torts in the affirmative.  North Eastern Services (“NES”) operated a number of homes for disa

Submitted by: Amanda Cialkowski of Nilan Johnson Lewis LLC. - Posted: 03/16/2015

 

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