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06/21/2016
Morrison v. County of Fairfax
Fire Captains are not exempt employees as they are not administrators or executive employees.
United States Court of Appeals for the Fourth Circuit

Under the Fair Labor Standards Act (FLSA) workers are entitled to overtime pay unless they are within certain exceptions.   The plaintiffs in this case are fire captains.  Reversing the lower Court, the Fourth Circuit held that no jury c

Submitted by: Kay Gaffney, Barnes Alford - Posted: 06/22/2016
06/10/2016
Hospice Family Care v. Joseph Allen
Alabama Court of Civil Appeals rules that widower of employee killed while driving home was entitled to workers’ compensation benefits.
Alabama Court of Civil Appeals

Suzanne Allen was a registered nurse on day-shift for Hospice Family Care. On February 3, 2014, Suzanne died in an automobile accident on her way home from her final home visit of the day. She had stopped at a pharmacy on her way home, but had not

Submitted by: Michael Taunton of Balch & Bingham LLP - Posted: 06/14/2016
06/09/2016
Nickerson v. Stonebridge Life Insurance Company,
“Brandt Fees” Must Be Included in Evaluating Whether Punitive Damages Award is Excessive
Suprene Court of California

The California Supreme Court held attorneys fees awarded to successful policyholders in insurance bad faith cases (“Brandt Fees”) must be included in the calculation of the basis of the permissible ratio for punitive damages under Stat

Submitted by: Andrew Downs, Bullivant Houser Bailey, PC - Posted: 06/10/2016
06/03/2016
Des Moines Flying Servs v. Aereial Servcies
Iowa Supreme Court holds that statutory immunity provisions for breach of implied warranty of merchantability in UCC do not apply in cases based solely on economic loss
Iowa Supreme Court

Cedar Valley Aviation, a wholly owned subsidiary of Aerial Services, Inc brought a plane into Des Moines Flying Services Inc for maintenance.  Among other things a new windshield was installed.  The new windshield came with a warranty.&n

Submitted by: Sean W. Martin, Carr Allison - Posted: 06/05/2016
06/03/2016
EX PARTE WATTERS
Alabama Supreme Court allows legal malpractice claims to be pursued after death when claims are based on contract.
Supreme Court of Alabama

Barbara Ruth Findley Long hired attorney Richard L. Watters to represent her in obtaining assets from the estate of her deceased father. The contract between Long and Watters laid out a specific fee arrangement and provided that any change to the

Submitted by: Michael Taunton of Balch & Bingham LLP - Posted: 06/07/2016
06/03/2016
Maybank v. BB&T Corporation
South Carolina Supreme Court upholds limitation of liability clause which allows a bank’s wealth management department to limit its liability exposure by precluding an award of punitive damages.
South Carolina Supreme Court

The plaintiff, a former senior vice president of BB&T Corporation’s (“BB&T) Trust Department and a client of BB&T’s wealth management team, sued BB&T over its investment advice regarding his retirement plan. 

Submitted by: Elizabeth M. McMillan of McAngus, Goudelock & Courie - Posted: 06/13/2016
06/01/2016
BUNIN V. MATRIXX INITIATIVES, INC., ET AL.
Florida Court of Appeals rules that Florida’s new expert testimony standards should be applied retroactively to pending cases.
District Court of Appeal of the State of Florida, Fourth District

In 2009, Simona Bunin sued Matrixx Initiatives, Inc., Zicam, LLC, and Publix Super Markets, Inc. for damages caused by losing her sense of smell after using a nasal spray. In 2013, while Bunin’s case was still pending, the Florida Legislatur

Submitted by: Michael Taunton of Balch & Bingham LLP - Posted: 06/10/2016
06/01/2016
Perry v. American Red Cross Blood Services
Sixth Circuit uphold summary judgment in ADA and FMLA case.
United States Court of Appeals for the Sixth Circuit

The plaintiff was fired for violation of Defendant’s absenteeism policy after she had accrued seven unscheduled absences in a twelve-month period.  Plaintiff contends that she was fired on the basis of her disabilities and that the Defe

Submitted by: Sean W. Martin, Carr Allison - Posted: 06/01/2016
05/31/2016
Verdrager v. Mintz
Massachusetts Supreme Court holds that an employee’s accessing, copying, and forwarding of documents may, in certain limited circumstances, constitute “protective activity,” but only where the employees actions are reasonable in the totality of the circumstances.
Massachusetts Supreme Court

The plaintiff is an attorney who worked for a Boston law firm.  During the course of her employment she complained to her superiors and ultimately to the Massachusetts Commission Against Discrimination that she was being subjected to discrimi

Submitted by: Sean W. Martin, Carr Allison - Posted: 06/01/2016
05/31/2016
Fleury v. IntraWest Winter Park Operations Corp.
Colorado Supreme Court rules ski resorts have no liability for avalanches
Colorado Supreme Court

In a 5-2 decision the Colorado Supreme Court holds that an avalanche that occurs within the bounds of a ski resort qualifies as an “inherent danger [] and risk[] of sking” under the Ski Safety Act of 1979 thereby precluding skiers from

Submitted by: Sean W. Martin, Carr Allison - Posted: 06/03/2016
05/26/2016
LEWIS V. EPIC SYSTEMS CORPORATION
7th Cir. holds requiring employees to bring wage-and-hour claims via arbitration violates the NLRA and the FAA does not make it enforceable.
United States Court of Appeals for the Seventh Circuit

On April 2, 2014, Epic Systems sent an email to some of its employees, which contained an arbitration agreement mandating that wage-and-hour claims could be brought only through individual arbitration and that the employees waived “the right

Submitted by: Joshua C. Dotson [Flaherty Sensabaugh Bonasso, PLLC] - Posted: 05/27/2016
05/25/2016
STOKES-CRAVEN V. ROBINSON
In South Carolina, statute of limitations on legal malpractice runs after appeals process ends, not on date of adverse jury verdict.
THE SUPREME COURT OF SOUTH CAROLINA

Stokes-Craven, an automobile dealership, was sued by a customer who had bought a truck that he later discovered had sustained extensive damages prior to the sale.  Stokes-Craven was represented by the firm of Johnson, McKenzie & Robinson,

Submitted by: Jason L. Holliday [Flaherty Sensabaugh Bonasso, PLLC] - Posted: 05/27/2016
05/09/2016
Mizyed v. Palos Community Hospital
Express Written Consent Form Signed by Patient Defeats Apparent Agency Claim Against Hospital.
Illinois Appellate Court, First District, First Division

Patient sought to hold the hospital liable for the alleged malpractice of a non-employed physician under the theory of implied authority of independent medical staff (apparent agency). Patient did not speak English, but his daughter, who was fluen

Submitted by: Michael Denning and Kimberly Kovanda, Heyl Royster Voelker & Allen, Rockford, IL - Posted: 06/16/2016

 

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