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08/15/2014
Wyeth, Inc., et al., v. Danny Weeks, et al.
Manufacturer of a brand name pharmaceutical may be liable for fraud or misrepresentation (misrepresentation or omission) for statements made when sued by a plaintiff claiming personal injury caused by a generic version of the pharmaceutical manufactured by a different company.
Supreme Court of Alabama

Plaintiff claimed injury from an improper warning on a generic drug, the brand name version of which was manufactured by defendants, but the generic was made and sold by another company.  Stating “We are not turning products liability l

Submitted by: Craig A. Marvinney of Walter & Haverfield, LLP, Cleveland, Ohio - Posted: 08/18/2014
08/14/2014
Innovation Ventures, LLC v. N2G Distributing, Inc. and Alpha Performance Labs
Five Hour Energy successfully protects trademark and trade dress with permanent injunction and contempt holding
United States Court of Appeals for the Sixth Circuit

Plaintiff, Innovation Ventures, LLC, is the marketer, distributor, and seller of 5-hour ENERGY (“FHE”). FHE is an energy shot, which is an energy drink sold and consumed in small portions.  In June 2004, Plaintiff submitted &ldquo

Submitted by: Kevin G. Faley and Kerry E. Sullivan, Morris Duffy Alonso & Faley - Posted: 08/15/2014
08/13/2014
Kathleen McCarthy v. Ameritech Publishing, Inc. et al.
Rule 37(c)(2) interpreted to encompass reasonable attorney fees and costs related to preparation and presentation of a fee application
United States Court of Appeals for the Sixth Circuit

Kathleen McCarthy filed suit against Ameritech Publishing, Inc. (API) and AT&T Advertising Solutions (AT&T), her former employers, to recover damages for claims related to her August 2008 employment termination. API, a wholly owned subsidi

Submitted by: Kevin G. Faley, Morris Duffy Alonso & Faley - Posted: 08/14/2014
08/11/2014
Andrew Dwyer v. Cynthia Cappell et al.
New Jersey guideline banning attorney advertising containing judicial opinions is unconstitutional infringement on speech.
United States Court of Appeals for the Third Circuit

Attorney Andrew Dwyer was lauded by New Jersey judges in separate judicial opinions.  Dwyer published these commendations on his law firm’s website and one of the judges objected to this.  The judge asked Dwyer to remove the remars

Submitted by: Kevin G. Faley, Morris Duffy Alonso & Faley - Posted: 08/12/2014
08/07/2014
Nationwide Mutual Insurance Company vs. Fred L. Baptist and Debbie Baptist
Renewing homeowner’s policy when Plaintiffs no longer owned home constituted a material misrepresentation sufficient to rescind policy.
United States Court of Appeals for the Fifth Circuit

The Baptists purchased a Nationwide homeowner’s insurance policy in October 2006.  In November 2008, they lost their home to foreclosure.  However, they did not inform Nationwide of this and they continued to occupy the home. 

Submitted by: Kevin G. Faley, Morris Duffy Alonso & Faley - Posted: 08/13/2014
08/07/2014
Kelsey Nobach v. Woodland Village Nursing Center, Incorporated
Employees must submit sufficient evidence that employers knew of their religious beliefs to succeed on a 50(b) motion under Title VII of Civil Rights Act
United State Court of Appeal for the Fifth Circuit

On September 19, 2009, Plaintiff Kelsey Nobach, a nursing home activities aid, was called to work an unscheduled shift in Woodland Village Nursing Center’s main hall where she did not usually work. Early in her shift, Nobach began a transfer

Submitted by: Kevin G. Faley, Morris Duffy Alonso & Faley - Posted: 08/11/2014
07/31/2014
Madison Teachers Inc. v. Walker
Wisconsin Supreme Court upholds Act 10 limiting public employee union activities.
Wisconsin Supreme Court

Wisconsin Act 10 contains collective bargaining limitations,  union recertifications, and the prohibitions on fair share agreements and payroll deductions of labor organization dues for public employees.  The Court rejected the plaintiff

Submitted by: Kay Gaffney, Barnes Alford - Posted: 07/31/2014
07/30/2014
Thomas Killion v. KeHE Distributors
District court erred in granting Employer summary judgment on outside-sales-exemption issue and further erred in excluding from the collective action those employees who had signed the waivers.
United States Court of Appeals for the Sixth Circuit

KeHE is a distributor of specialty ethnic and health foods to retailers, some of which are  independent stores and some of which are large chain stores.  The plaintiffs were employees who classified as sales representative  and were

Submitted by: Kay Gaffney, Barnes Alford - Posted: 07/30/2014
07/28/2014
Security National Bank of Sioux City, IA, The v. Abbott Laboratories
Judge rules that counsel guilty of discovery abuse based on his review of depositions.
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA WESTERN DIVISION

This is a  product liability case which was tried to a jury in January of 2014. Plaintiff Security National Bank (SNB), acting as conservator for a minor child, J.M.K., sued Defendant Abbott Laboratories (Abbott), claiming that

Submitted by: Andrew Downs, Bullivant Houser Bailey, PC - Posted: 08/11/2014
07/18/2014
Demag v. Better Power Equipment, Inc.
VERMONT SUPREME COURT MAKES RADICAL CHANGE TO PREMISES LIABILITY LAW: DECISION MAKES IT EASIER FOR VISITOR TO RECOVER FOR INJURIES ON BUSINESS PREMISES
Vermont Supreme Court

The Vermont Supreme Court has abolished the old premises liability distinction between “business invitees” (i.e., customers) and licensees (other visitors).  The Court has now formally adopted ageneral negligence standard of

Submitted by: Walter E. Judge, Jr., Downs Rachlin Martin PLLC - Posted: 07/21/2014
07/01/2014
NO Gas Pipeline v. F.E.R.C
D.C. Circuit affirms dismissal for lack of standing in environmental activists’ challenge to natural gas pipeline between New Jersey and New York.
DISTRICT OF COLUMBIA CIRCUIT COURT OF APPEALS

The Federal Energy Regulatory Commission entered an order granting a certificate of public convenience and necessity to Texas Eastern Transmission, LP and Algonquin Gas Transmission, LLC for the construction of a natural gas pipeline between New J

Submitted by: Jim Clancy and Clint Twaddell, Branscomb, P.C. - Posted: 07/21/2014
07/01/2014
Estate of McCall v. U.S.
Eleventh Circuit holds that Florida statute capping noneconomic damages in wrongful death cases violates Florida Constitution.
United States Court of Appeals of the Eleventh Circuit

Michelle McCall’s estate and surviving family sued the United States under the Federal Tort Claims act for medical malpractice that resulted in Ms. McCall’s death. In a bench trial, the district court found Ms. McCall’s noneconom

Submitted by: Jim Clancy and Clint Twaddell, Branscomb, P.C. - Posted: 07/21/2014
06/12/2014
Chew v. American Greetings Corp.
Eighth Circuit applies Arkansas law to hold premises owner owed no duty to independent contractor electricians to warn of electrocution risk, despite lack of written contract, and despite violations of OSHA standards.
United States Court of Appeals for the Eighth Circuit

In 2009, American Greetings Corporation, a greeting card plant in Osceola, Arkansas, called Osceola Municipal Light & Power to repair an electrical line on American Greetings’s premises running from a utility pole to a transformer. The v

Submitted by: Jim Clancy and Clint Twaddell, Branscomb, P.C. - Posted: 07/22/2014
06/06/2014
American Postal Workers Union AFL CIO v. USPS.,
Second Circuit held arbitrator did not exceed his authority under the arbitration agreement by applying collateral estoppel based on a prior administrative decision
United State Court of Appeals for the Second Circuit

The USPS placed a worker on leave-without pay/injury-on-duty status after making the determination it no longer had work available for her.  Worker initiated a grievance pursuant to the Collective Bargaining Agreement (“CBA”), whi

Submitted by: James T. Clancy and Jessica R. Mann, Branscomb | PC - Posted: 07/21/2014
05/22/2014
Shupe v. Asplundh Tree Expert Co.
Sixth Circuit retains federal jurisdiction over employment suit by concluding amount-in-controversy included emotional distress damages that are uncapped by Kentucky statute.
United States Court of Appeals for the Sixth Circuit

A former employee sued Asplundh in state court for sexual harassment, gender discrimination, and wrongful termination. The case was removed to federal court based on diversity jurisdiction, and the plaintiff moved to remand, arguing that the amoun

Submitted by: Jim Clancy and Clint Twaddell, Branscomb, P.C. - Posted: 07/21/2014
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