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Keyword: Court:

04/29/2016
Marc Veasely, et al. v. Greg Abbott, Governer of Texas, et al.
Application To Vacate Stay Pending Appeal Regarding Texas Voting Act Denied
The Supreme Court of the United States.

Certain groups, along with United States, brought action alleging that Texas's Voter Identification (ID) law violated Voting Rights Act and Fourteenth and Fifteenth Amendments. The District Court entered a final order striking the law down. Te

Submitted by: Jim Hoover and Chris Thompson, Burr & Forman LLP - Posted: 04/29/2016
04/29/2016
Hospital of Barstow, Inc. v. NLRB
NLRB Must Reach Merits Of Hospital's Challenge To A Certification Issued At A Time When The Board Was Without A Statutory Quorum
United States Court of Appeals for the DC Circuit.

Three of the five positions on the National Labor Relations Board expired and remained unfilled from August 2010 and January 3, 2012. The President's attempt to fill those positions through recess appointments was halted by the Supreme Court i

Submitted by: Jim Hoover and Chris Thompson, Burr & Forman LLP - Posted: 04/29/2016
04/29/2016
Via Christi Hospitals Wichita, Inc. v. Sylvia M. Burwell, as Secretary of Health and Human Services
Nonprofit Hospital Consolidation Not A Bona Fide Sale For Purposes Of Medicare Reimbursement
United States Court of Appeals for the DC Circuit.

The Secretary of the Department of Health and Human Services reimburses Medicare providers for their reasonable costs actually incurred, including an appropriate share of depreciation on buildings or equipment used to supply Medicare services. Suc

Submitted by: Jim Hoover and Chris Thompson, Burr & Forman LLP - Posted: 04/29/2016
04/28/2016
Eric C. Deters v. Kentucky Bar Association et al.
Repeatedly Suspended Attorney Did Not Make A Case That His Constitutional Rights Were Infringed By The Suspension Process
United States Court of Appeals for the Sixth Circuit

This appeal involved the suspension by the Kentucky Bar Association of an attorney, Deters, for multiple violations of the Kentucky Rules of Professional Conduct, including several instances of dishonesty. The attorney challenged the suspension on

Submitted by: Jim Hoover and Chris Thompson, Burr & Forman LLP - Posted: 04/29/2016
04/28/2016
William Alvin Hueble, Jr. v. South Carolina Department of Natural Resources and Eric Randall Vaughn
An Accepted Offer Of Judgment Was Deemed A Resolution In Favor Of Plaintiff For The Purposes Of Costs And Expenses
Supreme Court of South Carolina

The question asked in this case was whether a plaintiff who obtained a judgment in his favor of $5,100 under Rule 68 of the South Carolina Rules of Civil Procedure was a prevailing party within the meaning of the Civil Rights Act, 42 U.S.C. §

Submitted by: Jim Hoover and Chris Thompson, Burr & Forman LLP - Posted: 04/29/2016
04/28/2016
Victor W. Patterson, Toby G. Breedlove, and Jeanine B. Rulis v. CitiMortgage, Inc. and Mortgage Electronic Registration Systems, Inc.
An Obvious, Unilateral Mistake Prevents Contract Formation And Saves Citimortage From Facing Consequences
United States Court of Appeals for the Eleventh Circuit

This involved an appeal from summary judgment granted to CitiMortgage, Inc. and Mortgage Electronic Registration Systems, Inc. (“Mortgage Systems”). Patterson and Breedlove sought to enforce a contract between Patterson and CitiMortgag

Submitted by: Jim Hoover and Chris Thompson, Burr & Forman LLP - Posted: 04/29/2016
04/27/2016
Ramona Two Shields, Mary Louis Defender Wilson, individually, and on behalf of all others similarly situated v. United States
Native American Plaintiffs Barred From Making Claims Due To Failure To Opt Out Of An Earlier Settlement
United States Court of Appeals for the Federal Circuit

This appeal from the Court of Federal Claims involved the alleged mismanagement of the millions of acres of Indian allotment land that the U.S. government, as trustee, manages through the Bureau of Indian Affairs (“BIA”). In particular

Submitted by: Jim Hoover and Chris Thompson, Burr & Forman LLP - Posted: 04/28/2016
04/26/2016
The Bank of New York Mellon Trust Company, N.A. v. Morgan Stanley Mortgage Capital, Inc.
Notice To Cure Not Required Upon Breach Of Representation Of Mortgage Loan Purchase Agreement
United States Court of Appeals for the Second Circuit

This case involved a breach?of?contract action between plaintiff-appellant Bank of New York Mellon Trust Company, N.A. (“BNY”) and defendant-appellee Morgan Stanley Mortgage Capital, Inc. (“Morgan Stanley”). Morgan Stanley

Submitted by: m Hoover and Chris Thompson, Burr & Forman LLP - Posted: 04/28/2016
04/26/2016
Marisela Herrerra, et al. v. JFK Medical Center Limited Partnership, d/b/a/ JFK Medical Center, et al.
Eleventh Circuit Reverses District Court's Striking Of Class Allegations In Personal Injury Protection ("Pip") Action Based Solely On The Face Of The Complaint
United States Court of Appeals for the Eleventh Circuit

Florida law requires that motor vehicle owners purchase personal injury protection ("PIP") insurance coverage of $10,000. PIP policies cover 80% of all reasonable and necessary medical expenses related to a motor vehicle accident, includ

Submitted by: Jim Hoover and Ben Coulter, Burr & Forman LLP - Posted: 04/27/2016
04/26/2016
Heffernan v. City of Patterson, New Jersey, et al.
Employees May Challenge Unlawful Actions Under The First Amendment And § 1983 Even If The Employer's Bad Acts Were Based On A Factual Mistake About The Employee's Behavior
The Supreme Court of the United States.

The Plaintiff-Petitioner was a police officer working in Patterson, New Jersey. He worked as a detective in the office of Patterson's chief of police, James Wittig. Wittig and the Plaintiff's supervisor had been appointed by Paterson's

Submitted by: Jim Hoover and Ben Coulter, Burr & Forman LLP - Posted: 04/27/2016
04/25/2016
Claudia Harbourt; Michael Lukoski; Ursula Pocknett v. PPE Casino Resorts Maryland, LLC
Casino Trainees Who Attended "Dealer School" Could Be Considered Employees Under The FLSA
United States Court of Appeals for the Fourth Circuit

In 2012, Maryland authorized casinos to begin to operate table games including blackjack, poker, craps, and roulette, on April 11, 2013. Defendant-Appellee PPE Casino Resorts Maryland, LLC (the "Casino") thus needed to hire 830 dealers b

Submitted by: Jim Hoover and Ben Coulter, Burr & Forman LLP - Posted: 04/25/2016
04/21/2016
ESTATE OF BRUCE H. BARTON V. ADT SECURITY SERVICES PENSION PLAN, ET AL.
9th Circuit shifts burden for ERISA pension cases
United States Court of Appeals for the Ninth Circuit

The Ninth Circuit held that the burden of proving the right to benefits was not properly placed on the Plaintiff because the Defendants were in the better position of ascertaining whether an entity was a participating employer in the ERISA plan.&n

Submitted by: Stacy Broman, Meagher & Geer, PLLP - Posted: 04/25/2016
04/19/2016
G.G., by his next friend and mother, Deirdre Grimm, v. Gloucester County School Board
A transgender student’s rights to use sex-segregated facilities consistent with their gender identity, rather than their biological sex, were upheld by the United States Court of Appeals for the Fourth Circuit in the case of G.G., by his next friend and mother, Deirdre Grimm v. Gloucester County School Board. The ruling means that schools cannot limit students to restrooms that are defined by their biological sex.
United States Court of Appeals for the Fourth Circuit

G.G., a transgender boy, sought to use the boys’ restrooms at his high school.  After G.G. began to use the boys’ restrooms with the approval of the school administration, the local school board passed a policy banning G.G. from t

Submitted by: Charles E. Griffin, Sr., Butler Snow LLP - Posted: 04/21/2016
04/18/2016
IN RE: NATIONAL FOOTBALL LEAGUE PLAYERS CONCUSSION INJURY LITIGATION,
Third Circuit upholds NFL’s $900 million concussion settlement
United States Court of Appeals for the Third Circuit

The Third Circuit Court of Appeals approved the NFL’s concussion settlement.  The district court had approved the settlement in 2015.  However, the objectors had appealed the decision  arguing class certification was improper

Submitted by: Stacy Broman, Meagher & Geer, PLLP - Posted: 04/25/2016
04/15/2016
ADVANCED TECHNOLOGY BUILDING SOLUTIONS, L.L.C.; Et al. V. CITY OF JACKSON, MISSISSIPPI
Mayor of the City of Jackson, Mississippi was not a final policymaker for determining liability of the city under 42 U.S.C. § 1983
United States Court of Appeals for the Fifth Circuit

In a First Amendment retaliation claim brought by a company and its owner against the City of Jackson, Mississippi, the Fifth Circuit Court of Appeals Determined that the Mayor of the City of Jackson, Mississippi was not a final policymaker for de

Submitted by: Charles E. Griffin, Butler Snow LLP - Posted: 04/20/2016
04/15/2016
Cudd Pressure Control, Inc. v. New Hampshire Insurance Company
Employers Liability Policies Do Not Cover Fracking Claims
United States Court of Appeals for the Tenth Circuit

The Tenth Circuit has affirmed an Oklahoma District Court ruling that employers liability policies do not cover suits by employees who were injured at a fracking facility.   As Oklahoma law only permits employees to

Submitted by: Michael F. Aylward, Morrison Mahoney. LLP - Posted: 04/18/2016
04/14/2016
Martha Knotts v. Grafton City Hospital
The West Virginia Supreme Court adopted the “substantially younger” requirement for cases brought under the West Virginia Human Rights Act, bringing the state in line with the U.S. Supreme Court. Plaintiffs may now be able to establish a prima facie case even if they were replaced with employees who are 40 years or older.
West Virginia Supreme Court

In 1996, Justice Scalia, acting on behalf of a unanimous U.S. Supreme Court, rejected the notion that age discrimination plaintiffs, in absence of direct evidence, must show that they were replaced by someone younger than 40 years old in O’C

Submitted by: Steven L. Snyder, Jenkins Fenstermaker, PLLC - Posted: 04/22/2016
04/14/2016
St. Paul v. American Bank Holdings, Inc.
Summary Judgement affirmed for carrier where insured who went into default after receiving the Summons and Complaint failed to notify the carrier for 8 months.
United States Court of Appeals for the Fourth Circuit

On June 18, 2008, American Bank Holdings, Inc., was served with a complaint and summons.  They did not respond to the action and on July 23, 2008, a $98.5 million was entered against it.    On Febuary 25, 2009, American notifie

Submitted by: Kay Gaffney, Barnes Alford - Posted: 04/15/2016
04/14/2016
MENDOZA v. THE ROMAN CATHOLIC ARCHBISHOP OF LOS ANGELES,
Ninth Circuit requires plaintiff alleging disparate treatment to show discriminatory motive.
United States Court of Appeals for the Ninth Circuit

The plaintiff alleged that the defendant violated the Americans with Disabilities Act when it failed to return her to a full time position following a medical leave.  She had worked full time as a bookkeeper prior to her leave.  While on

Submitted by: Stacy Broman, Meagher & Geer, PLLP - Posted: 04/25/2016
04/12/2016
HALO V. YALE HEALTH PLAN DIRECTOR OF BENEFITS RECORDS YALE UNIVERSITY
An ERISA Plan’s failure to establish or follow reasonable claims procedures in accordance with DOL regulations entitles the claimant a de novo review unless the Plan establishes that it has procedures that fully comply with the regulations and can show any failure on the Plan’s part was inadvertent and harmless.
United States Court of Appeals for the Second Circuit

A Yale University student, appearing pro per, brought a claim for benefits seeking coverage for an eye surgery performed by an out-of-network provider.  This plan provided that claims would be subject to the arbitrary and capricious standard

Submitted by: William M. Demlong, Phoenix, Az - Posted: 05/02/2016
04/11/2016
TRAVELERS INDEMNITY CO. OF AMERICA V. PORTAL HEALTHCARE SOLUTIONS
Based upon “publication,” Fourth Circuit finds duty to defend data breach under standard liability policy.
United States Court of Appeals for the Fourth Circuit

Class action was brought against Portal.  Plaintiffs alleged that Portal made their private medical records available online.  Portal asked Travelers to defend.  Travelers argued that the complaint did not allege a covered “pu

Submitted by: Alan Rutkin (Rivkin Radler LLP) - Posted: 04/11/2016
04/08/2016
Equal Employment Opportunity Commission v. Rite Way Service, Inc
“I’m a man, I’m gonna look” – Fifth Circuit reverses summary judgment in Title VII retaliation claim brought by third-party witness against employer.
United States Court of Appeals for the Fifth Circuit

The EEOC brought a Title VII anti-retaliation lawsuit against Rite Way Service, Inc., a janitorial services contractor with the Biloxi, Mississippi school system, on behalf of employee Mekeva Tennort. Tennort worked at Biloxi Junior High School, w

Submitted by: Deron Wade and Colin Powell of Hartline Dacus Barger Dreyer LLP. - Posted: 04/15/2016
04/07/2016
TODD V. VERMONT MUTUAL INSURANCE CO.
Hacking a computer is not an “Occurrence” because it is “inherently injurious.” So, hacking does not trigger an insurer’s duty to defend.
Supreme Court of N.H.

A stalking petition was brought against the insured.  He allegedly hacked a computer and vandalized a car.  Trial court found the insured was not entitled to a duty to defend.  Insured appealed.  The New Hampshire Supreme Court

Submitted by: Alan Rutkin of Rivkin Radler LLP. - Posted: 04/11/2016
03/31/2016
Andover Healthcare Inc. v 3M Company
Disclosure of trade secrets in domestic patent-infringement suit does not create compulsory disclosure of same information in related foreign suit.
United States Court of Appeals for the Eighth Circuit

Andover Healthcare, Inc., (“Andover”) and 3M Company (“3M ”) both make cohesive, latex-free bandages. Andover holds patents on its bandages in the United States and Europe. Andover filed patent – infringement suits in

Submitted by: Kevin G. Faley & Amanda M. Toombs, Morris Duffy Alonso & Faley - Posted: 04/04/2016
03/30/2016
De Gazelle Group Inc v. Tamaz Trading Establishment
No personal jurisdiction over a defendant who was improperly served even where evidence establishes defendant received the summons and was aware of the lawsuit.
United States Court of Appeals for the Eleventh Circuit

Plaintiff-Appellee, De Gazelle Group, Inc.  (“De Gazelle”), a Florida based corporation, brought a breach of contract claim against Defendant-Appellant, Tamaz Trading Establishment (“Tamaz”), a Saudi Arabian company. W

Submitted by: Kevin G. Faley & Amanda M. Toombs, Morris Duffy Alonso & Faley - Posted: 04/07/2016
03/29/2016
Shedden v. Andarko E&P Company, L.P
Pennsylvania Supreme Court upholds equitable doctrine of “estoppel by deed” to an oil and gas lease holding that lessee is entitled to subsequently acquired oil and gas interests of the lessor.
Pennsylvania Supreme Court

In this case the Sheddens gave a general warranty of title to the oil and gas underlying 62 acres of property.  Shortly thereafter, Andarko discovered that the Sheddens were only vested in a one-half interest in the applicable oil and gas.&nb

Submitted by: Marjorie Berger - Posted: 04/13/2016
03/21/2016
BROWN v. ELECTROLUX HOME PRODUCTS, INC.,
Class cert vacated for owners of smelling washing machines based on the predominance requirement of Rule 23(b)(3).
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

A class action was brought by owners of smelly front-loading washing machines.  On interlocutory appeal, the Eleventh Circuit found the trial court abused its discretion in assessing the predominance requirement of Rule 23, F.R.C.P.  whi

Submitted by: William M. Demlong, Phoenix, Az - Posted: 04/04/2016

 

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