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Keyword: Court:

12/11/2014
EEOC v. LHC Group, Inc., d/b/a Gulf Coast Homecare
Fifth Circuit clarifies discrepancy in cases evaluating the requisite nexus between an employee’s disability and her termination.
United States Court of Appeals for the Fifth Circuit

The EEOC brought an enforcement action under the American with Disabilities Act (ADA) on behalf of Kristy Sones (Sones), alleging LHC Group, Inc. (LHC) failed to accommodate Sones and discriminated against her on the basis of her disability (seizu

Submitted by: Jim T. Clancy and Jessica R. Mann, Branscomb | PC - Posted: 12/12/2014
12/11/2014
Joey Hoosier, et al. v. Interinsurance Exchange of the Automobile Club,
Change in Residence of Insured Changes Controlling Law of Insurance Policy
Supreme Court of Arkansas

Where an insurance policy lacks an effective choice-of-law provision, a change in residence of the insured changes the controlling law of the policy. In Hoosier, Plaintiffs purchased an automobile insurance policy in California while living in the

Submitted by: David Fuqua, Fuqua Campbell, PA - Posted: 12/17/2014
12/08/2014
Universal Leather, LLC v. Koro AR, S.A.,
A foreign corporation may have sufficient minimum contacts for specific jurisdiction even when the majority of the business relationship occurred abroad.
United States Court of Appeals for the Fourth Circuit

Universal Leather, LLC (“Universal”), a North Carolina entity, purchased raw leather from Koro AR, S.A. (“Koro”), a corporation based in Argentina, during a period of two years. Universal sued Koro for breach of contract in

Submitted by: Jim Clancy and J.D. Egbert, Branscomb, P.C. - Posted: 12/09/2014
12/05/2014
HALE v. SHARP HEALTHCARE
Class Decertified Due to Difficulty in Assessing Individual Issues
California Court of Appeal

The California Court of Appeal for the Fourth Appellate District decertified a class of uninsured patients who contended a hospital improperly billed them because ascertainability of the population of the class would require individualized review

Submitted by: Andrew B. Downs, Bullivant Houser Bailey PC - Posted: 12/09/2014
12/01/2014
Herx v. Diocese of Fort Wayne-South Bend, Inc., et al
Seventh Circuit refuses to expand collateral order doctrine to include legal questions regarding the scope of Title VII’s religious-employer exemptions
United States Court of Appeals for the Seventh Circuit

Herx was fired from her teaching position at a Catholic school because she underwent in vitro fertilization in violation of the moral teachings of the Catholic Church. Herx sued the school and the local diocese alleging discrimination in violation

Submitted by: Jim Clancy Jessica R. Mann, Branscomb | PC - Posted: 12/08/2014
11/26/2014
Hollybrook Cottonseed Proc LLC v. Carver, Incorpor
Jury’s award at the retrial and the attorney fees are covered under the insurance policy.
United State Court of Appeals for the Fifth Circuit

Hollybrook Cottonseed Processing, L.L.C. contracted with Carver, Inc. for certain cotton processing equipment as part of its operation of a cotton mill in Louisiana. Carver’s equipment suffered repeated mechanical breakdowns, causing Hollybr

Submitted by: Kay Gaffney, Barnes Alford - Posted: 11/26/2014
11/26/2014
TAYLOR-NOVOTNY v. HEALTH ALLIANCE MEDICAL PLANS, INC
Chronically Late for Work? Don't Try to Seek Refuge Under the ADA if You Live in the 7th Circuit.
United States Court of Appeals for the Seventh Circuit

Appellant Kiersten Taylor-Novotny just couldn't make it to work on time at her job at Health Alliance Medical Plans, Inc. Even when her employer adjusted her start time to progressively later hours, she could not report timely. During her empl

Submitted by: Michael Kem-Thomas of Knapp, Petersen & Clarke - Posted: 12/01/2014
11/25/2014
Joyce Barlow v. Colgate Palmolive Company
Using FRCP 11 and 60(b)(3), which provide means for federal courts to remedy and deter the perpetration of fraud on the courts does not amount to review proscribed by 28 USC Section 1447.
United States Court of Appeals for the Fourth Circuit

Plaintiffs  separately sued Colgate–Palmolive Company--among numerous other companies and asserted that each of the defendants’ products had at some point exposed them to asbestos. Despite Plaintiffs’ joinder of in-state def

Submitted by: Kay Gaffney, Barnes Alford - Posted: 11/26/2014
11/24/2014
STEPHENS & STEPHENS XII, LLC v. FIREMAN’S FUND INSURANCE COMPANY,
California Authorizes Conditional Judgment on Replacement Cost Claim
California Court of Appeal

In a novel decision, the California Court of Appeal directed a trial court to enter a conditional judgment for the recovery of replacement cost valuation by a policyholder who had not yet repaired or replaced the damaged property.  Many prope

Submitted by: Andrew B. Downs, Bullivant Houser Bailey PC, San Francisco, California - Posted: 12/01/2014
11/21/2014
WHITE v. VERMONT MUTUAL INSURANCE COMPANY
Questions Dog Just Who Is a "Resident Relative" for Purposes of Insurance Coverage in the Granite State
Supreme Court of New Hampshire

The petitioners, Susan and Peter White, appealed an order of the trial court denying their petition for a declaratory judgment that respondent Charles Matthews was covered by a homeowner's insurance policy issued to his mother by respondent Ve

Submitted by: Michael Kem-Thomas of Knapp, Petersen & Clarke - Posted: 12/02/2014
11/21/2014
WILLIAMS, et al. v. PENINSULA REGIONAL MEDICAL CENTER
Maryland Health Care Providers Who in Good Faith Decide Not to Involuntarily Admit Patients Enjoy Statutory Immunity
Court of Appeals of Maryland

This wrongful death and survivorship action arose from an incident in which the defendants' agents examined the decedent and decided not to admit him for psychiatric treatment, instead discharging him to the care of his mother. After discharge

Submitted by: Michael Kem-Thomas of Knapp, Petersen & Clarke - Posted: 12/04/2014
11/19/2014
ELLIOTT v. GEICO INDEMNITY COMPANY
If Amount Paid to Insured in Settlement with 3rd Parties Exceeds UIM Policy Limit, Bad Faith Action Does Not Lie for Insurer's Failure to Pay UIM Benefits
Court of Appeal of the State of California, Third Appellate District

Appellant's husband, who was riding a motorcycle, was killed by a truck driven by Shaffer, who was returning home from her job at a restaurant. Shaffer had become intoxicated at work before she began her drive home. In the settlement of Elliot

Submitted by: Michael Kem-Thomas of Knapp, Petersen & Clarke - Posted: 12/05/2014
11/18/2014
Gary Vander Boegh v. EnergySolutions, Inc.,
An Applicant is Not an Employee Under the ERA and FCA
United States Court of Appeals, Sixth Circuit

Gary Vander Boegh was a landfill manager for the U.S. Department of Energy.  While there, Mr. Vander Boegh engaged in protected whistleblower activity, including reporting environmental violations.  When EnergySolutions became the new su

Submitted by: John Mitchell, Thompson Hine LLP - Posted: 11/19/2014
11/17/2014
HOT STUFFS FOODS, LLC V. HOUSTON CASUALTY CO.
How “Likely” Is “May Likely”? The Eighth Circuit Interprets Insurance Policy to Deny Coverage for Recall of Sausage Biscuits
United States Court of Appeals for the Eighth Circuit

After Hot Stuff Foods, a sausage-biscuit manufacturer, discovered that it had inadvertently used MSG in its biscuits, the biscuit maker conducted a voluntary recall of the mislabeled biscuits. Hot Stuff timely sought indemnification from Houston C

Submitted by: David Fuqua, Fuqua Campbell, PA - Posted: 12/16/2014
11/14/2014
Street Surfing, LLC V. Great American E&S Insurance
Prior Publication Exclusion Relieves Insurance Company of Responsibility
United States Court of Appeals, Ninth Circuit

Street Surfing, a skateboard supplier, applied for general liability insurance from Great American E&S Insurance Company. Great American granted the application and supplied general liability coverage for approximately two years.  Street

Submitted by: John Mitchell, Thompson Hine LLP - Posted: 11/19/2014
11/14/2014
Sister Michael Marie, et al. v. American Red Cross, et al.
Examining when volunteers may assert Title VII employment discrimination claims, the 6th Circuit affirms summary judgment for the American Red Cross and an Ohio county emergency management agency based on the plaintiffs’ inability to satisfy the multi-factor test used to determine when a volunteer relationship fairly approximates an employment relationship.
United States Court of Appeals for the Sixth Circuit

Sisters Michael Marie and Mary Cabrini, Catholic Nuns who belonged to the Order of the Missionaries of the Sacred Heart, filed a discrimination charge against the Red Cross and the Ohio Ross County Emergency Management Agency after their volunteer

Submitted by: Barbara O’Donnell, Zelle McDonough & Cohen LLP - Posted: 11/17/2014
11/13/2014
Mario Santacruz v. Allstate Texas Lloyd's, Inc
Insurance Company Fails to Reasonably Investigate Claim
United States Court of Appeals, Fifth Circuit

Mario Santacruz’s home sustained damage when a rainstorm caused shingles to blow off his roof, making it leak. Santacruz reported the damage to his insurer, Allstate. Upon a contractor’s recommendation, Santacruz had the roof repaired

Submitted by: John Mitchell, Thompson Hine LLP - Posted: 11/19/2014
11/12/2014
Shell Gulf of Mexico, Inc. v. Center for Biological Diversity Inc.,
A suit is non-justiciable where the beneficiary of federal agency action seeks to confirm its lawfulness by suing those whom it believes are likely to challenge it.
United States Court of Appeals for the Ninth Circuit

Shell Gulf of Mexico, Inc. (“Shell”) received permission from the required federal agencies to begin exploring for oil in Alaska. Shell was concerned by statements made from several environmental groups that they would contest the agen

Submitted by: Jim Clancy and J.D. Egbert, Branscomb, P.C. - Posted: 12/09/2014
11/11/2014
BYRNE v. AVERY CENTER FOR OBSTETRICS AND GYNECOLOGY, P.C.
In Connecticut, HIPAA Does Not Preempt State Law Claims for Negligence and Negligent Infliction of Emotional Distress
Supreme Court of Connecticut

In this case, Connecticut’s high court considered whether HIPAA, which lacks a private right of action and which preempts “contrary” state laws, preempted state law claims for negligence and negligent infliction of emotional dist

Submitted by: Michael Kem-Thomas of Knapp, Petersen & Clarke - Posted: 12/04/2014
11/06/2014
Fiorini v. City Brewing Company LLC
Four Loko Gets a No Go on Immunity
Court of Appeal of the State of California, Fifth Appellate District

Ron Fiorini, 23, was shot to death by police after displaying erratic behavior and approaching police with a shotgun in tow.  Fiorini had consumed two, 23.5-ounce cans of Four Loko.  His father sued City Brewing Company, which manufactur

Submitted by: John Mitchell, Thompson Hine LLP - Posted: 11/17/2014
10/22/2014
Izell v. Union Carbide Corp
California Court Upholds $18 Million Punitive Award in Asbestos Litigation
Court of Appeal of California, Second Appellate District, Division Three

Bobbie and Helen Izell sued Union Carbide, a supplier of asbestos, alleging personal injuries and loss of consortium as a result of Mr. Izell’s exposure to asbestos.  Mr. Izell, a construction business owner, alleged that he developed m

Submitted by: John Mitchell, Thompson Hine LLP - Posted: 11/17/2014
09/29/2014
GILYARD V. BENSON
Use of Taser in Arrest Not Unreasonable, According to Fourth Circuit
United States Court of Appeals for the Fourth Circuit

The Fourth Circuit affirmed a district court’s finding that county law enforcement officers did not use excessive force against Tracey Bernard Gilyard. Gilyard brought his claim for excessive force under 42 U.S.C. § 1983 after a county

Submitted by: David Fuqua, Fuqua Campbell, PA - Posted: 12/15/2014
09/12/2014
Nunes, et al. v. Massachusetts Department of Correction,
HIV Positive Prisoners Can Be Required to Take HIV Drugs in Public
United States Court of Appeals for the First Circuit

HIV positive prisoners in Massachusetts sued the Massachusetts Department of Correction after the Department changed its policy for dispensing HIV medication. The Massachusetts Department of Correction previously allowed prisoners to be given a su

Submitted by: David Fuqua, Fuqua Campbell, PA - Posted: 12/17/2014

 

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