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Keyword: Court:

01/29/2016
Ellen A. Lopraeto, APRH, RN; Susan M. Taylor, RN v. Select Specialty Hospital Northern Kentucky, et. al
Sixth Circuit Affirms District Court Ruling That Hospital’s Refusal To Hire Nurses Whose Licenses Were Restricted Due To Their Participation In An Addiction Rehabilitation Program Was Not A Violation Of The Americans With Disabilities Act.
United States Court of Appeals for the Sixth Circuit

Two nurses were terminated following their theft of narcotic medications from their respective employers.  Both admitted the theft and enrolled in a rehabilitation program run by the Kentucky Board of Nursing.  As a result of their parti

Submitted by: Lee Murray Hall, Jenkins Fenstermaker, PLLC. - Posted: 02/02/2016
01/28/2016
Eaton v. Lexington-Fayette Urban Cnty., et al.
The assertion of boxes of evidence to support a claim are insufficient where no evidence is produced to defeat summary judgment.
United States Court of Appeals for the Sixth Circuit

The plaintiff sued a municipality alleging that its  drug-testing program was unreliable.     The District Court granted Summary Judgment  which  was affirmed.    The plaintiff was ordered to under

Submitted by: Kay Gaffney, Barnes Alford - Posted: 01/29/2016
01/21/2016
COLON HEALTH CENTERS OF AMERICA, LLC, et al. v. HAZEL, et al.
Court Affirms Commonwealth’s Motion for Summary Judgment Finding Virginia’s CON Law Is Constitutional
United States Court of Appeals for the Fourth Circuit

Appellants are out of state medical imaging providers who wish to establish through private funds, specialized MRI and CT services in Virginia.  Virginia requires medical service providers to obtain a “Certificate of Need” (CON) t

Submitted by: Danielle Eisner, Neil, Dymott, Frank, McFall, Trexler, McCabe & Hudson APLC - Posted: 01/22/2016
01/19/2016
COSTELLO v. BEAVEX INCORPORATED
Court Affirms Denial of Motion for Summary Judgment holding Federal Aviation Administration Act of 1994 does not Preempt Illinois State Employment Law
United States Court of Appeals for the Seventh Circuit

Plaintiffs are same-day couriers who brought suit against BeavEx Inc. for misclassification as independent contractors.  Plaintiffs allege the misclassification caused, among other things, illegal deductions from their wages in violation of t

Submitted by: Danielle Eisner, Neil, Dymott, Frank, McFall, Trexler, McCabe & Hudson APLC - Posted: 01/21/2016
01/15/2016
MCGEE V. CHINA ELECTRIC MOTOR, INC.
Court Vacates Award of Attorneys’ Fees, Calculated Using Lodestar Method
United States Court of Appeals for the Ninth Circuit

Class Counsel represented a class of investors in an action against China Electric Motor, Inc. After two years of litigation, the parties reached a $3.78 million global settlement. The district court approved the settlement and awarded attorneys&r

Submitted by: Tina Safi, Neil, Dymott, Frank, McFall, Trexler, McCabe & Hudson APLC - Posted: 01/20/2016
01/15/2016
BAILEY V. FELTMANN
Eighth Circuit affirms summary judgment on basis of qualified immunity for plaintiff’s § 1983 claims against police officer who failed to transport plaintiff to hospital after arrest.
United States Court of Appeals for the Eighth Circuit

Shane Bailey was arrested by Deputy Don Feltmann one afternoon for the offenses of careless driving and possession of alcohol as a minor. Bailey had been treated by paramedics for a hand injury before Feltmann arrived on the scene. Feltmann admits

Submitted by: David Fuqua, Fuqua Campbell, P.A. - Posted: 01/28/2016
01/14/2016
Josh Finkelman v. National Football League, et al.
Third Circuit Spikes Putative Class Action Over Super Bowl Tickets
United States Court of Appeals for the Third Circuit

The National Football League distributes the vast majority of Super Bowl tickets to teams, the League, and its media and corporate partners. A small percentage of tickets are sold to the general public via a lottery. Plaintiffs allege that they wa

Submitted by: John W. Sinnott of Irwin Fritchie Urquhart & Moore LLC - Posted: 01/15/2016
01/14/2016
IN RE: C.R. BARD
Court Affirms District Court’s Judgment on All Issues in Transvaginal Mesh Appeal
United States Court of Appeals for the Fourth Circuit

In August 2013, a jury awarded Donna Cisson $250,000 in compensatory damages on a design defect and failure to warn claim against C.R.  Bard, Inc. (“Bard), a proprietor of transvaginal mesh medical devices. The jury awarded Cisson an ad

Submitted by: Tina Safi, Neil, Dymott, Frank, McFall, Trexler, McCabe & Hudson APLC - Posted: 01/19/2016
01/12/2016
Westchester Surplus Lines Ins. Co. v. Keller Transport, Inc
Montana Supreme Court holds that aggregate policy limit provided limit for each coverage, rather than total policy limit. The Court further held that the excess insurer did not breach a duty to defend.
THE SUPREME COURT OF MONTANA

Plaintiff commercial transportation insurers filed a declaratory judgment action seeking a determination of its responsibilities to insureds.  The underlying facts relate to the lease of a tanker truck used to transport gasoline.  The tr

Submitted by: Bradford D. Box of Rainey Kizer in Tennessee - Posted: 02/02/2016
01/07/2016
ARBUCKLE MOUNTAIN RANCH V. CHESAPEAKE ENERGY
Appellate Court Reverses Remand of Class Action Removed Under the Class Action Fairness Act (CAFA)
United States Court of Appeals for the Fifth Circuit

Plaintiff and the putative class filed suit claiming to be post-foreclosure owners of disputed oil and gas interests. After the case was removed by defendants under the Class Action Fairness Act (CAFA), 28 U.S.C. 1332(d)(2), plaintiff moved to rem

Submitted by: Joseph “Jody” Guillot, Christovich & Kearney, LLP - Posted: 01/08/2016
01/07/2016
UNITED STATES V. NAGIN
Former New Orleans Mayor’s Appeal Denied
United States Court of Appeals for the Fifth Circuit

Defendant was convicted of bribery, honest-services wire fraud, conspiracy to commit bribery and honest-services wire fraud, conspiracy to commit money laundering, and filing false tax returns. The court found no error in the district court's

Submitted by: Joseph “Jody” Guillot, Christovich & Kearney, LLP - Posted: 01/08/2016
01/06/2016
Houston Specialty Insurance Company v. Meadows West Condo Association; Meadows Apartment Owners Association Inc.
Court Upholds Exclusion in Policy Relating to Post Fire Repairs
United States Court of Appeals for the Fifth Circuit

Houston Specialty Insurance Company (“HSIC”) appealed the district court’s grant of summary judgment in favor or Meadows West.  In 2012, Meadows West fell victim to a fire which originated in the HVAC duct work of one of the

Submitted by: Heidi Goebel, Goebel Anderson PC - Posted: 01/14/2016
01/06/2016
TUBESING V. UNITED STATES
Appellate court affirms summary judgment finding the CSRA provides plaintiff's sole remedy against his employer because he is a federal employee, and due to the nature of his employment-related claims
United States Court of Appeals for the Fifth Circuit

Plaintiff, employed within the CDC in a bio-terrorism preparedness program, filed suit under the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b) and 2671 et seq., alleging that his employers’ actions constituted numerous torts, including f

Submitted by: Joseph “Jody” Guillot, Christovich & Kearney, LLP - Posted: 01/07/2016
01/05/2016
Wheat v Fla. Parish Juvenile Justice Comm’n
Fifth Circuit Court of Appeals Reverses, In Part, Summary Judgment Granted to State Detention Center Regarding an Employee’s Claim of Discrimination and Retaliation.
United States Court of Appeals for the Fifth Circuit

A former Juvenile Detention Staff Officer with the Florida parishes Juvenile Justice Commission appeals from a summary judgment dismissal of her employment discrimination suit. Florida Parishes Juvenile Detention Center ("FPJDC") is in t

Submitted by: James B. Thompson Jr, Goodis Thompson Miller, PA. - Posted: 01/07/2016

 

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