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10/27/2014
Rice v. Reliastar Life Insurance Company
Decedent Plaintiff’s family seeks to recover life insurance death benefits under an accidental death policy after Decedent was shot to death by a deputy responding to a 911 call.
United States Court of Appeals for the Fifth Circuit

Decedent had been drinking and on medication when he put a loaded gun to his head and threatened to commit suicide.  After the sheriff’s office responded by sending armed officers to attempt to persuade the Decedent to surrender, Decede

Submitted by: Mark J. Gesk of Wayman, Irvin & McAuley, LLC - Posted: 10/28/2014
10/24/2014
Frieder v. Morehead State University
The denial of tenure to an eccentric disabled professor was not retaliation against speech (“idiosocractic teaching methods”) nor discrimination against the disability (bipolar disorder).
United States Court of Appeals for the Sixth Circuit

First Amendment claims of free speech when the professor gave his students “the bird”, extending his middle fingers during a lesson, was not enough to show violation of his free speech as retaliation must incorporate a finding that the

Submitted by: Mark J. Gesk of Wayman, Irvin & McAuley, LLC - Posted: 10/28/2014
10/22/2014
Davis v. City of Greensboro
Denial of Motions to Dismiss pursuant to the City’s claims of governmental immunity relating to the City’s alleged failure to pay employees certain wages and benefits.
United States Court of Appeals for the Fourth Circuit

Police officers and firefighters allege that longevity payments are an integral part of their employment contracts with the City.  They assert that the City’s modification of a long existing longevity payment program by capping the paym

Submitted by: Mark J. Gesk of Wayman, Irvin & McAuley, LLC - Posted: 10/28/2014
10/20/2014
DECKER V. GE HEALTHCARE INC
Court Denies Motion For Retrial on Myriad Expert Issues
United States Court of Appeals for the Sixth Circuit

Defendant appealed several rulings on the parties various Daubert motions after a multi-milion dollar verdict was awarded to Plaintiff.  Plaintiff claimed that after he received Omniscan in connection with an MRI he subsequently developed nep

Submitted by: Heidi Goebel, Christensen & Jensen, PC - Posted: 10/20/2014
10/20/2014
Scott Casey, et al v. Toyota Motor Sales USA Inc.,
Judgment as a matter of law for manufacturer affirmed where insufficient evidence that the side curtain shield airbag suffered from a manufacturing defect or that there was a safer alternative design
United States Court of Appeals for the Fifth Circuit

On April 29, 2010, Dawna Casey was driving her 2010 Toyota Highlander on North Tarrant Parkway in Tarrant County, Texas, with her twochildren in the back seat. Mrs. Casey was driving at a high rate of speed that was not a result of any unintended

Submitted by: Kay Gaffney, Barnes Alford - Posted: 10/21/2014
10/13/2014
Antico v. Sindt Truck, Inc.,
Traffic Accident Plaintiff’s Cell Phone Data Subject To Discovery
Fla. Ct. App. 1st Dist

A driver died in a collision with a truck.  In Antico, the Florida District Court of Appeal, in denying a writ of certiorari, held that a traffic accident plaintiff’s right of privacy did not outweigh the defendant trucking company&rsqu

Submitted by: Greines, Martin, Stein & Richland LLP, Los Angeles, CA - Posted: 10/17/2014
10/09/2014
Schmidt v. Coogan et al.
Washington Supreme Court Takes on Uncollectibility and Emotional Distress in Legal Malpractice Cases, two issues of first impression
Supreme Court of the State of Washington

A client filed a legal malpractice lawsuit against her former attorney when the attorney failed to correctly file her lawsuit within the statute of limitations. The case went to trial in November of 2003, resulting in a verdict for the client/plai

Submitted by: Bob Christie, Christie Law Group, Seattle - Posted: 10/14/2014
10/09/2014
FLINTKOTE COMPANY V. AVIVA PLC
Third Circuit finds that a non-signatory to an agreement is not equitably bound by an arbitration clause.
United States Court of Appeals for the Third Circuit

In anticipation of litigation, the parent company of Flintkote, a supplier of asbestos-based products, procured a vast number of insurance policies from various insurance firms, including Aviva. Flintkote and several insurers, but not Aviva, enter

Submitted by: Michael Bonasso and Shereen Compton of Flaherty Sensabaugh Bonasso PLLC - Posted: 10/10/2014
10/08/2014
CIOFFI v. GILBERT ENTERPRISES, INC. d/b/a CLUB FANTASIES
Dist. Ct. grants strip club’s Mot. to Dismiss; 1st Circuit affirms on grounds that dancer did not actually “appeal dismissal” in her appeal.
United States Court of Appeals for the First Circuit

In April 2012, Plaintiff, an exotic dancer for Club Fantasies, sued the Club, alleging that the Club failed to provide her with a safe workplace after she was assaulted by a fellow dancer.  Plaintiff filed her claim in Massachusetts state cou

Submitted by: Michael Bonasso and Phillip Estep of Flaherty Sensabaugh Bonasso PLLC - Posted: 10/10/2014
10/08/2014
GESTAMP SOUTH CAROLINA, LLC V. NATIONAL LABOR RELATIONS BOARD
Fourth Circuit finds that the NLRB did not establish a prima facie case for unfair labor practices.
United States Court of Appeals for the Fourth Circuit

Two employees of a plant that manufactures metal body parts for BMW vehicles were terminated after working with the United Steelworkers to unionize the facility. Thereafter, the NLRB’s General Counsel issued a complaint alleging unfair labor

Submitted by: Michael Bonasso and Shereen Compton of Flaherty Sensabaugh Bonasso PLLC - Posted: 10/10/2014
10/07/2014
JOHNSON V. SECURITAS SECURITY SERVICES USA, INC.
Eighth Circuit rules that fired 76 year old did not prove his employer’s reasons for termination were pretext for age discrimination.
United States Court of Appeals for the Eighth Circuit

This case involves seventy-six year old Carlyn Johnson’s employment termination from Securitas Security Services USA, Inc. (“Securitas”). Prior to his termination, Mr. Johnson had a reputation for being dependable; however, his s

Submitted by: Michael Bonasso and Shereen Compton of Flaherty Sensabaugh Bonasso PLLC - Posted: 10/08/2014
10/06/2014
LUIZ BAEK v. CONTINENTAL CASUALTY COMPANY
California Court holds insurer had no duty to defend or indemnify claim of sexual assault that was alleged to have occurred during massage.
Court of Appeal of the State of California – Second Appellate District, Division Four

In May 2010, Jaime W. sued a massage center and its employee, Luiz Baek, for an alleged sexual assault that took place during a massage.  Baek subsequently filed the present action against Continental Casualty Company, alleging that Continent

Submitted by: Michael Bonasso and Phillip Estep of Flaherty Sensabaugh Bonasso PLLC - Posted: 10/07/2014
10/01/2014
ROE v. BIBBY
South Carolina Court rules that homeowner does not have a duty to warn visitors of her husband’s prior acts of sexual abuse.
South Carolina Court of Appeals

In 1995, Daniel and Michelle Bibby’s child disclosed that Mr. Bibby had sexually molested her as a child. In 2008, Jane Roe and her three minor children moved into a home across the street from the Bibbys. Ms. Roe’s children became fri

Submitted by: Michael Bonasso and Shereen Compton of Flaherty Sensabaugh Bonasso PLLC - Posted: 10/08/2014
10/01/2014
ROBERT ROE v. CHILDREN'S HOSPITAL MEDICAL CENTER
Massachusetts’ Highest Court Rules That Hospital Does Not Owe A Duty Of Care To Future Patients Of Doctor No Longer Employed By Hospital
MASSACHUSETTS SUPREME JUDICIAL COURT

Children's Hospital in Boston hired doctor Levine in 1966 as a pediatric physician and Levine held that position until 1985.  Levine was then employed as a pediatrician at the University of North Carolina School of Medicine (UNC).  I

Submitted by: Anthony J. Zarillo, Jr. [Bevan, Mosca, Giuditta & Zarillo, P.C.] - Posted: 10/03/2014
09/30/2014
SCARLOTT v. NISSAN NORTH AMERICAN, et al.
5th Circuit orders remand, holding that defendants failed to show that Magnuson-Moss’ $50,000.00 amount in controversy requirement was met.
United States Court of Appeals for the Fifth Circuit

In October 2009, Plaintiff filed suit against various defendants, including Nissan North America, Incorporated, in Texas state court, alleging various breach of warranty claims.  The defendants removed the case, asserting federal question jur

Submitted by: Michael Bonasso and Phillip Estep of Flaherty Sensabaugh Bonasso PLLC - Posted: 10/06/2014
09/30/2014
LARRY ALEXANDER, M.D. v. AVERA ST. LUKE’S HOSPITAL
Dismissal Of Various Civil Rights Claims Affirmed By Eighth Circuit On The Basis That Plaintiff Was An Independent Contractor And Not An Employee of Defendant
United States Court of Appeals for the Eighth Circuit

Defendant Hospital terminated it services agreement with Plaintiff Doctor.  Plaintiff sued on the basis of the violation of various federal and state civil rights statutes.  The District Court granted the Hospital’s motion for summ

Submitted by: Anthony J. Zarillo, Jr. [Bevan, Mosca, Giuditta & Zarillo, P.C.] - Posted: 10/02/2014
09/26/2014
MONKTON INSURANCE SERVICES, LIMITED v. WILLIAM G. RITTER, ET AL.
Fifth Circuit Affirms Dismissal For Lack Of Personal Jurisdiction And Denial Of Motion Seeking Jurisdictional Discovery
United States Court of Appeals for the Fifth Circuit

  District Court dismissed third-party complaint for lack of personal jurisdiction and denied motion by third-party plaintiff Ritter for jurisdictional discovery.  The Fifth Circuit affirmed.The Circuit Court noted that the communica

Submitted by: Anthony J. Zarillo, Jr. [Bevan, Mosca, Giuditta & Zarillo, P.C.] - Posted: 10/01/2014
09/25/2014
ALLEN ET AL. v. DISTRICT OF COLUMBIA
DC Court Of Appeals Upholds Public Duty Doctrine To Bar Wrongful Death And Survival Action Against The District Of Columbia
DISTRICT OF COLUMBIA COURT OF APPEALS

The District of Columbia’s highest court re-affirmed the application of the “public duty” doctrine, which shields the District and its employees from liability arising out of their actions in the course of providing public servic

Submitted by: Anthony J. Zarillo, Jr. [Bevan, Mosca, Giuditta & Zarillo, P.C.] - Posted: 09/30/2014
09/24/2014
SCHROEDER V. WALGREENS
Appellate court affirms denial of merchant’s summary judgment and grant of plaintiff’s partial summary judgment on the issue of liability.
Louisiana Fourth Circuit Court of Appeal

Schroeder was walking through the aisles of Walgreens Drug Store when she slipped and fell.  Prior to her fall, Schroeder noticed a chair in the middle of the aisle but thought nothing of it.  As she was getting up after her fall, she al

Submitted by: Joseph “Jody” Guillot, Christovich & Kearney, LLP - Posted: 10/13/2014
09/24/2014
TRENCH V. WINN-DIXIE MONTGOMERY, LLC
Appellate court affirms summary judgment in favor of grocery store
Louisiana Fifth Circuit Court of Appeal

Trench fell while shopping the meat department of Winn-Dixie grocery store. She alleged the store was liable because it allowed a “greasy/wet/slippery condition” to exist on its premises which created an unreasonable risk of harm. 

Submitted by: Joseph “Jody” Guillot, Christovich & Kearney, LLP - Posted: 10/13/2014
09/17/2014
Tatum v. Moody
Ninth Circuit Holds That Detained Suspects Have Right to Exculpatory Evidence Under Due Process Clause.
United States Court of Appeals for the Ninth Circuit

Plaintiff sued two LAPD detectives after his criminal defense counsel obtained exculpatory evidence which defendants failed to disclose while he was detained. The jury found the two detectives liable under 42 U.S.C. § 1983 for violating

Submitted by: Bob Christie, Christie Law Group, Seattle - Posted: 10/14/2014

 

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