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Keyword: Court:

04/29/2015
RAUB v. CAMPBELL
A former marine posted radical political comments on Facebook that were brought to the attention of the FBI and ultimately resulted in a seven day involuntary hospitalization. The 4th Circuit affirms summary judgment in favor of the mental health prescreener that initially sought the involuntary admission.
The United States Court of Appeals for the Fourth Circuit

The radical and political Facebook posts by Raub compelled his former fellow Marines to contact the FBI to express concern.  Two FBI officials visited Raub’s house concerning the posts and interviewed him for almost half an hour. 

Submitted by: Paul C. Kuhnel and Ashlee A. Webster, LeClairRyan (Roanoke) - Posted: 05/01/2015
04/27/2015
SHAIKH v. LINCOLN MEMORIAL UNIVERSITY
The 6th Circuit affirms that significant modification from the standard medical program curriculum for disability accommodation suggested by the disabled student after academic discipline is not required.
United States Court of Appeals for the Sixth Circuit

Shaikh was a medical student at Lincoln Memorial University’s (“LMU”) DeBusk College of Osteopathic Medicine.  After being diagnosed with (“ADHD”) and Dyslexia, LMU provided Shaikah with various accommodations in

Submitted by: Paul C. Kuhnel and Ashlee A. Webster, LeClairRyan - Posted: 04/29/2015
04/27/2015
Bouret-Echevarria v. Caribbean Aviation Maintenance Corp., et al.
The First Circuit vacates the district court’s denial of an evidentiary hearing to explore jury taint arising out of a verdict in favor of defendants in product liability matter.
United States Court of Appeals for the First Circuit

Eighteen months after jury returned a verdict in favor of defendants in product liability matter involving a helicopter crash, appellants claim they were advised that jurors were influenced by improper knowledge of confidential settlement offer.&n

Submitted by: Paul C. Kuhnel and Ashlee A. Webster, LeClairRyan (Roanoke) - Posted: 05/01/2015
04/23/2015
SHAMMAS v. FOCARINO
The 4th Circuit affirms that imposing all expenses on ex parte plaintiff does not constitute fee-shifting, contrary to the American Rule.
United States Court of Appeals for the Fourth Circuit

Shammas, a dissatisfied ex parte trademark applicant, filed suit in district court seeking to appeal his adverse ruling.  §1071(b)(3) of the Lanham Act requires that the applicant must pay “all expenses of the proceeding” and

Submitted by: Paul Kuhnel, LeClairRyan - Posted: 04/27/2015
04/23/2015
Pouzbaris v Prime Healthcare Services-Anaheim
Failure to post warning signs in hospital is not a failure to render professional services
COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE

This case centers on the determination of professional negligence or ordinary negligence related to a fall by a patient on a recently mopped floor in a hospital.  The injured party claimed there were no warning signs. The lower court consider

Submitted by: Sheila Kerwin and Leslie Kallas, Nilan Johnson Lewis, PA - Posted: 04/27/2015
04/22/2015
United States v Kwai Fun Wong
The doctrine of equitable tolling applies to time limits of Federal Torts Claim Act.
SUPREME COURT OF THE UNITED STATES

Under Federal Torts Claim Act, claims are “forever barred” if two deadlines are not met. The claim must be presented to the appropriate federal agency for review within two years after claim accrued and secondly, if the claim is denied

Submitted by: Sheila Kerwin and Leslie Kallas, Nilan Johnson Lewis, PA - Posted: 04/23/2015
04/21/2015
Lee v M and H Enterprises, Inc dba Martin Harris Construction and Wal-Mart Stores, Inc
Independent contractor in construction accident may not claim negligence against general contractor and landowner
Arizona Court of Appeals

Timothy Lee v M and H Enterprises, Inc and Wal-Mart Stores Independent contractor Lee was injured during construction of a Sam’s Club store, on property owned by Wal-Mart Stores Inc. Lee successfully filed a worker’s compensation claim

Submitted by: Sheila Kerwin and Leslie Kallas, Nilan Johnson Lewis, PA - Posted: 04/27/2015
04/21/2015
Freight Drivers and Helpers Local Union No 557 Pension Fund v Penske Logistics LLC
Was arbitration commenced by filing complaint in district court under MPAA or filing motion under FAA
United States Court of Appeals for the Fourth Circuit

Court review of arbitration proceedings under the Multiemployer Pension Plan Amendments Act of 1980, whether 1401(b)(2) and 1451 require the dissatisfied party to commence a civil action in a district court by filing a complaint or whether 1401(b)

Submitted by: Sheila Kerwin and Leslie Kallas, Nilan Johnson Lewis, PA - Posted: 04/23/2015
04/21/2015
Chicago Insurance Co. v Paulson & Nace PLL
Professional liability insurance does not cover previous undisclosed medical malpractice case
United States Court of Appeals for the D.C. Circuit

Insurance company does not need to pay for $1.75 legal malpractice verdict because it was not informed of the firm’s previous medical malpractice case. In the malpractice case, procedural errors led to the dismissal of the claim.

Submitted by: Sheila Kerwin and Leslie Kallas, Nilan Johnson Lewis, PA - Posted: 04/23/2015
04/21/2015
Melissa Standley v Karen Edmonds-Leach, Officer DC Library Police Department and District of Columbia
Undisclosed witness testimony, not solely for impeachment, may have determined outcome of trial
United States Court of Appeals for the D.C. Circuit

Court rules on disclosure of witnesses prior to trial. An adult student was asked to leave an area of the library reserved for children. An altercation resulted   During the trial a previously undisclosed witness was called, not solely f

Submitted by: Sheila Kerwin and Leslie Kallas, Nilan Johnson Lewis, PA - Posted: 04/23/2015
04/21/2015
Amerisure Mutual Insurance Co v Arch Specialty Insurance Co
Explication of contract language as endorsement or common language to determine control of policy limits and coverage
United States Court of Appeals for the Fifth Circuit

Arch Specialty Insurance withdrew from litigation citing, in part, the exhaustion of policy limits. Amerisure took over the defense, incurring fees and costs before settling the case. Amerisure sued Arch for breach of contract, claiming Arch refus

Submitted by: Sheila Kerwin and Leslie Kallas, Nilan Johnson Lewis, PA - Posted: 04/22/2015
04/20/2015
Paul V Angeles et al v Medtronic et al and related cases
State v federal failure to warn and design defect claims in Medtronic Infuse Protein case received mixed ruling
Minnesota Court of Appeals

State law failure-to-warn and design-defect claims impose general requirements that are different from federal device-specific requirements and are preempted by 21 U.S.C. § 360k(a). But sufficiently pleaded claims based on a failure to warn t

Submitted by: Sheila Kerwin and Leslie Kallas, Nilan Johnson Lewis, PA - Posted: 04/21/2015
04/20/2015
Jenkins v City of San Antonio Fire Department
Realignment of job duties did not create an adverse employment action
United States Court of Appeals for the Fifth Circuit

Race, age and retaliation in violation of Title VII.  Plaintiff said he was demoted after giving testimony on sexual harassment claims against his superior. He received a temporary promotion during staff hiring In 2011 his job duties were rea

Submitted by: Sheila Kerwin and Leslie Kallas, Nilan Johnson Lewis, PA - Posted: 04/23/2015
04/20/2015
Wheeling & Lake Erie Railway Co. v Bhd of Locomotive Engineers
Railroad treated as minor what was a major change to the Trainmen Agreement in order to remove requirement of union conductor on trains
United States Court of Appeals for the Sixth Circuit

In 2003 Railway determined to eliminate “crew consist” of the Trainmen Agreement, thereby removing requirement of a union conductor on each train. BLET, union representing locomotive engineers and trainmen, including conductors and bra

Submitted by: Sheila Kerwin and Leslie Kallas, Nilan Johnson Lewis, PA - Posted: 04/23/2015
04/20/2015
Antero Resources Corp v Strudley
Trial court may not require plaintiff to present prima facie evidence before discovery process
Colorado Supreme Court

Antero Resources asked the trial court to enter a modified case management order requiring the Strudleys to present prima facie evidence of injuries caused by the natural gas drilling operations of Antero Resources. The modified order is a “

Submitted by: Sheila Kerwin and Leslie Kallas, Nilan Johnson Lewis, PA - Posted: 04/23/2015
04/20/2015
ev3, Inc. v Michael Lesh, M.D and Erik Van Der Burg acting jointly as Shareholder Representatives for former shareholders of Appriva Medical, Inc
Letter of intent deemed as promise and binding agreement, reversed
Delaware Supreme Court

In merger of ev3, Inc with Appriva, payments to Appriva shareholders were contingent upon certain accomplishments, including the approval and marketability of a medical device in development at Appriva. Former Appriva shareholders sued for breach

Submitted by: Sheila Kerwin and Leslie Kallas, Nilan Johnson Lewis, PA - Posted: 04/23/2015
04/20/2015
Piedmont Office Realty Trust, Inc v XL Specialty Insurance Co
Failure to seek consent to settle from insurance company removed obligation to pay
Georgia Supreme Court

Piedmont purchased two insurance policies; a primary policy and an excess coverage policy, totaling $20 million. Piedmont was named in a federal securities class action suit with damages sought in excess of $150 million. Piedmont moved for summary

Submitted by: Sheila Kerwin and Leslie Kallas, Nilan Johnson Lewis, PA - Posted: 04/23/2015
04/20/2015
Greathouse v JHS Security Inc
Complaints to employers made internally not protected from retaliation
United States Court of Appeals for the Second Circuit

Second Circuit overturned its position that internal complaints to an employer are not protected from retaliation under the FLSA. Greathouse sued after complained of not being paid for months and his employer’s response was to wave a gun, sa

Submitted by: Sheila Kerwin and Leslie Kallas, Nilan Johnson Lewis, PA - Posted: 04/23/2015
04/20/2015
Crystal Byrd; Brian Byrd and on behalf of all similarly situated persons v Aaron’s Inc, Aspen Way Enterprises, Inc.
Ascertainability precedent not applicable in class action on privacy invasions by computer rental companies
United States Court of Appeals for the Third Circuit

A class action case involving a rented laptop computer and spyware that monitored usage including websites visited by the lessee. The case was brought under the Electronic Communications Privacy Act of 1986. The dispute began over purported non-pa

Submitted by: Sheila Kerwin and Leslie Kallas, Nilan Johnson Lewis, PA - Posted: 04/23/2015
04/20/2015
Dan Ryan Builders, Inc v Crystal Ridge Development, Inc
Additional damages sought after trial award are denied. Court considered claims fully while noting confusing, ambiguous and incorrectly identified claims.
United States Court of Appeals for the Fourth Circuit

This case pertains to damages awarded to Dan Ryan Builders as a result of construction errors and problems. When problems first arose, the contract between the parties was amended. Following further problems, Dan Ryan Builders filed suit for breac

Submitted by: Sheila Kerwin and Leslie Kallas, Nilan Johnson Lewis, PA - Posted: 04/23/2015
04/17/2015
Thomas Amato et al v Bell & Gossett & Charlotte Vinciguerra et v Bayer Cropscience Inc.
$4.8 million verdict affirmed in Mesothelioma case where defense claimed plaintiffs tried to cash in twice
Pennsylvania Supreme Court

Crane Co. had appealed two Court of Common Pleas verdicts handing $2.5 million to plaintiff Thomas Amato and his wife Jean and $2.3 million to widow Charlotte Vinciguerra, putting forward a variety of reasons the awards should be overturned, court

Submitted by: Sheila Kerwin and Leslie Kallas, Nilan Johnson Lewis, PA. - Posted: 04/21/2015
04/17/2015
Hemond v Frontier Communications Inc.
Indemnification claims between contractor and equipment owner in electrocution
Vermont Supreme Court

Suit arose from electrocution injury working with an electric switch. Defendant Frontier claimed implied indemnity from Navigant Consulting Group Inc, contractor. Navigant cross-claimed. Lower court granted summary judgment to Navigant on Frontier

Submitted by: Sheila Kerwin and Leslie Kallas, Nilan Johnson Lewis, PA - Posted: 04/21/2015
04/17/2015
Most Reverend David A Zubnik et v Sylvia Burwell, Secretary HHS
Alito stays 3rd Circuit ACA contraception mandate
United States Supreme Court

Justice Samuel Alito has stayed the 3rd U.S. Circuit Court of Appeals which ruled in February on the constitutional mandate for contraception in the Affordable Care Act. Alito’s ruling will prevent the mandate from going into effect until th

Submitted by: Sheila Kerwin and Leslie Kallas, Nilan Johnson Lewis, PA - Posted: 04/21/2015
04/17/2015
Trinity Wall Street v Wal-Mart Stores Inc No. 14-4764
Stockholder proxy vote to amend Wal-Mart’s charter defining “ordinary business activity” rejected.
United States Court of Appeals for the Third Circuit

The proposal put forth by Manhattan-based Episcopal church Trinity Wall Street, which owns $300,000 in Wal-Mart stock, had sought a proxy vote on whether to amend the company's charter to include a new obligation requiring its board to impleme

Submitted by: Sheila Kerwin and Leslie Kallas, Nilan Johnson Lewis, PA. - Posted: 04/21/2015
04/17/2015
Weigand v NLRB
Derisive and allegedly threatening comments on union Facebook page permitted
United States Court of Appeals for the D.C. Circuit

Non-union employee petition for review denied by NLRB. Comments on the Facebook page were not determined to have been made by union officials or agents and only union members could post and/or view comments on the page. The NLRB did indicate that

Submitted by: - Posted: 04/21/2015
04/17/2015
Lisa Reckis et al v Johnson & Johnson
Supreme Court Levine decision did not preempt claims in J &J, Children’s Motrin warnings case
Massachusetts Supreme Judicial Court

Massachusetts' highest court upheld a $63 million jury verdict against Johnson & Johnson for allegedly inadequate warnings about the health risks posed by its fever and pain drug Children's Motrin, finding that the Supreme Court's

Submitted by: Sheila Kerwin and Leslie Kallas, Nilan Johnson Lewis, PA - Posted: 04/21/2015
04/16/2015
Christopher Bartolomucci v Federal Insurance Co, et al.
A car is not an office when no work product can be proven
Supreme Court of Virginia

The Virginia Supreme Court ruled that thinking about work, on the way to work does not constitute work. In this case, former  Hogan Lovells partner, Christopher Bartolomucci, was involved in a car accident that injured another driver. Bartolo

Submitted by: Sheila Kerwin and Leslie Kallas, Nilan Johnson Lewis, PA - Posted: 04/27/2015
04/14/2015
Johnson v U.S. Office of Personnel Management
U.S. Sen Ron Johnson (R-WI) does not have standing to challenge implementation PPACA for members of Congress and their staff.
United States Court of Appeals for the Seventh Circuit

Johnson and his legislative counsel filed a lawsuit in the U.S. District Court for the Eastern District of Wisconsin to contest a rule that amends regulations regarding health insurance coverage for members of Congress and their staff. Prior t

Submitted by: Sheila Kerwin and Leslie Kallas, Nilan Johnson Lewis, PA - Posted: 04/21/2015
04/10/2015
EEOC v. Ford Motor Co.
Sixth Circuit Deems Predictable On-Site Attendance an Essential Job Function
United States Court of Appeals for the Sixth Circuit

Jane Harris, a Ford Motor Company employee with irritable bowel syndrome, sought to create a job schedule that allowed her to work from home on an as-needed basis, up to four days per week.  Ford denied her request, explaining that regular an

Submitted by: John Mitchell, Thompson Hine LLP - Posted: 04/16/2015
04/08/2015
Earl Graham v. R.J. Reynolds Tobacco Co. et al.,
Eleventh Circuit Reverses Ruling to Promote Congress’ Objectives
United States Court of Appeals of the Eleventh Circuit

This case stems from a 1996 case in which 700,000 Floridians brought state law claims against the Defendants for medical conditions allegedly stemming from cigarettes.  In that case, the Florida Supreme Court ultimately decertified the class,

Submitted by: John Mitchell, Thompson Hine LLP - Posted: 04/16/2015
04/08/2015
Nola Spice Designs, L.L.C. v. Haydel Enterprises, Inc.
Addressing intersection between intellectual property rights and Mardi Gras tradition, 5th Circuit affirms cancelation of trademark protecting “Mardi Gras Bead Dog” and upholds summary judgment for alleged infringer.
United States Court of Appeals for the Fifth Circuit

Drawing on a longstanding tradition of creating “bead dogs” from plastic beads tossed to parade onlookers by Mardi Gras “krewes,” Haydel’s Bakery in New Orleans commissioned an artist to design a “Mardi Grad Bea

Submitted by: Barbara O’Donnell, Zelle McDonough & Cohen LLP - Posted: 04/13/2015
04/07/2015
PoolRe Ins. Corp. et al. v. Organizational Strategies, Inc., et al.
When disputes arose concerning one company’s administration of three captive insurers formed for a financial services company, the insured, and the reinsurer of the captives, the parties embarked on a prolonged and complicated battle over the interpretation and enforceability of conflicting arbitration, procedural, and venue provisions contained in the parties’ written agreements.
United States Court of Appeals for the Fifth Circuit

In upholding the Texas District Court’s decision to vacate the arbitrator’s award in its entirety, the Third Circuit affirmed the trial court’s determination that the Texas based arbitrator exceeded his authority when he required

Submitted by: Barbara O’Donnell, Zelle McDonough & Cohen LLP - Posted: 04/09/2015
04/03/2015
Antonio v. SSA Security, Inc.
Fourth Circuit Limits the Scope of the Maryland Security Guards Act
United States Court of Appeals of the Fourth Circuit

Plaintiffs, homebuyers who contracted to purchase homes that were later destroyed in one of Maryland’s largest residential arsons, brought suit against Defendant SSA Security Inc., alleging negligence based the Maryland Security Guards Act,

Submitted by: john Mitchell, Thompson Hine LLP - Posted: 04/16/2015
04/02/2015
Jerrell Squyres v. Heico Companies, L.L.C., et al
It was not age that led to employers action. Fifth Circuit affirms Summary Judgement.
United States Court of Appeals for the Fifth Circuit

Squyres was formerly the president and sole owner of JPS Corporation, which manufactured and sold fleet transportation products under the brand United States Court of Appeals Fifth Circuit In 2007, Squyres began to negotiate the sale of JPS and it

Submitted by: Kay Gaffney, Barnes, Alford, Stork & Johnson - Posted: 04/03/2015
04/02/2015
United States of America v. Art Insurance Co., et al.
7th Circuit Decision Highlights Significant TRIA Limitation
United States Court of Appeals for the Seventh Circuit

Relying on TRIA’s unambiguous definition of a “blocked asset” subject to execution by victims of terrorism, the 7th Circuit vacated the entry of summary judgment permitting insurers holding a $2.5 billion dollar judgment against

Submitted by: Barbara O’Donnell, Zelle McDonough & Cohen LLP - Posted: 04/08/2015
04/01/2015
IN RE: BLOOD REAGENTS ANTITRUST LITIGATION
Expert credibility must be examined under a Daubert standard when ruling on class certification according to the Third Circuit.
United States Court of Appeals for the Third Circuit

The U.S. Court of Appeals for the Third Circuit joined the Seventh and Eight Circuits in holding that a plaintiff’s expert testimony must be examined under a Daubert standard in order to demonstrate conformity with Rule 23 at the class certi

Submitted by: Lee Murray Hall, Jenkins Fenstermaker, PLLC - Posted: 04/09/2015
04/01/2015
Coleman v. General Motors, Joan Thomas, and Christopher Listenbee
Tenth Circuit Rejects Hostile Work Environment Claim
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

Plaintiff, Charlotte Coleman, sued her employer, alleging violations of Title VII of the Civil Rights Act of 1964 and various state law claims. Plaintiff appealed the district court’s order granting summary judgment in favor of Defendants on

Submitted by: john Mitchell, Thompson Hine LLP - Posted: 04/16/2015
04/01/2015
Jordan v. Nationstar Mortgage, LLC,
In a matter of first impression, Ninth Circuit Court of Appeals held that a case becomes removable for purposes of 28 USC §1441 when the Class Action Fairness Act (“CAFA”) basis for removal is first disclosed even if the defendant was previously aware of a different basis for federal jurisdiction.
United States Court of Appeals for the Ninth Circuit

The Ninth Circuit Court of Appeals held that a defendant may remove a case from state court within 30 days of ascertaining that the action is removable under CAFA, even if an earlier pleading, document, motion, order or other paper revealed an alt

Submitted by: Lee Murray Hall, Jenkins Fenstermaker, PLLC - Posted: 04/09/2015
03/30/2015
Georgia Pacific Consumer Products LP v. Von Drehle Corp
Fourth Circuit Limits the Geographical Scope of Paper Towel Injunction
United States Court of Appeals for the Fourth Circuit

In this trademark infringement case, Plaintiff owns the trademark "enMotion," which it uses for a paper towel dispenser that dispenses only a specific paper towel it manufactures. Defendant, a competitor in the sale of paper towels, desi

Submitted by: John Mitchell, Thompson Hine LLP - Posted: 04/16/2015
03/26/2015
Torre v. Liberty Mutual Fire Ins. Co. and FEMA
As a Matter of First Impression at Circuit Level, 3rd Circuit Holds that National Flood Insurance Policy Does Not Afford Coverage For Removal of Debris From Insured’s Land
United States Court of Appeals for the Third Circuit

Acknowledging that it was the first Court of Appeals to decide the issue presented, the 3rd Circuit Court of Appeals held that a National Flood Insurance Program policy which Liberty Mutual administered under FEMA did not afford coverage for costs

Submitted by: Barbara O’Donnell, Zelle McDonough & Cohen LLP - Posted: 04/08/2015
03/25/2015
Young v. United Parcel Service, Inc.
Supreme Court reverses 4th Circuit’s closely followed decision which rejected pregnancy and ADA discrimination claims brought against UPS by an pregnant employee who was denied a request for light duty leave that UPS restricted to individuals injured on the job.
SUPREME COURT OF THE UNITED STATES

When UPS rejected delivery worker Peggy Young’s request for a light duty position based on her physician’s recommendation that she not lift more than 20 pounds during her pregnancy on the grounds that its policy restricted light duty p

Submitted by: Barbara O’Donnell, Zelle McDonough & Cohen LLP - Posted: 04/13/2015

 

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