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Keyword: Court:

11/18/2014
Gary Vander Boegh v. EnergySolutions, Inc.,
An Applicant is Not an Employee Under the ERA and FCA
United States Court of Appeals, Sixth Circuit

Gary Vander Boegh was a landfill manager for the U.S. Department of Energy.  While there, Mr. Vander Boegh engaged in protected whistleblower activity, including reporting environmental violations.  When EnergySolutions became the new su

Submitted by: John Mitchell, Thompson Hine LLP - Posted: 11/19/2014
11/14/2014
Street Surfing, LLC V. Great American E&S Insurance
Prior Publication Exclusion Relieves Insurance Company of Responsibility
United States Court of Appeals, Ninth Circuit

Street Surfing, a skateboard supplier, applied for general liability insurance from Great American E&S Insurance Company. Great American granted the application and supplied general liability coverage for approximately two years.  Street

Submitted by: John Mitchell, Thompson Hine LLP - Posted: 11/19/2014
11/14/2014
Sister Michael Marie, et al. v. American Red Cross, et al.
Examining when volunteers may assert Title VII employment discrimination claims, the 6th Circuit affirms summary judgment for the American Red Cross and an Ohio county emergency management agency based on the plaintiffs’ inability to satisfy the multi-factor test used to determine when a volunteer relationship fairly approximates an employment relationship.
United States Court of Appeals for the Sixth Circuit

Sisters Michael Marie and Mary Cabrini, Catholic Nuns who belonged to the Order of the Missionaries of the Sacred Heart, filed a discrimination charge against the Red Cross and the Ohio Ross County Emergency Management Agency after their volunteer

Submitted by: Barbara O’Donnell, Zelle McDonough & Cohen LLP - Posted: 11/17/2014
11/13/2014
Mario Santacruz v. Allstate Texas Lloyd's, Inc
Insurance Company Fails to Reasonably Investigate Claim
United States Court of Appeals, Fifth Circuit

Mario Santacruz’s home sustained damage when a rainstorm caused shingles to blow off his roof, making it leak. Santacruz reported the damage to his insurer, Allstate. Upon a contractor’s recommendation, Santacruz had the roof repaired

Submitted by: John Mitchell, Thompson Hine LLP - Posted: 11/19/2014
11/10/2014
Patricia Franza v. Royal Caribbean Cruises, Ltd.
Deciding issue of 1st impression, the 11th Circuit declines to adhere to the longstanding maritime immunity rule set forth in 5th Circuit’s Barbetta decision and rejects cruise line’s immunity defense against vicarious liability claims brought by Estate of a passenger who died after receiving allegedly negligent medical care from Royal Caribbean medical staff.
United States Court of Appeals for the Eleventh Circuit

Reversing summary judgment entered for Royal Caribbean on vicarious liability and negligence claims seeking to recover for the death of an elderly passenger attributed to negligent medical care rendered by the staff of the Explorer of the Seas cru

Submitted by: Barbara O’Donnell, Zelle McDonough & Cohen LLP - Posted: 11/13/2014
11/06/2014
Fiorini v. City Brewing Company LLC
Four Loko Gets a No Go on Immunity
Court of Appeal of the State of California, Fifth Appellate District

Ron Fiorini, 23, was shot to death by police after displaying erratic behavior and approaching police with a shotgun in tow.  Fiorini had consumed two, 23.5-ounce cans of Four Loko.  His father sued City Brewing Company, which manufactur

Submitted by: John Mitchell, Thompson Hine LLP - Posted: 11/17/2014
10/30/2014
Palm Beach Golf Center-Boca, Inc. v. John G. Sarris, D.D.S., P.A.
11th Circuit reinstates class action brought against dental practice that used a third party marketing firm to send unsolicited fax advertisements to businesses in violation of the Telephone Consumer Protection Act of 1991 (“TCPA”), 47 U.S.C. § 227(b)(3) (2006).
United States Court of Appeals for the Eleventh Circuit

Reversing summary judgment, the 11th Circuit held that the plaintiff golf center had Article III standing to bring claims against a dental practice that used an outside marketing agency to send mass fax advertisements because the TCPA’s &ldq

Submitted by: Barbara O’Donnell, Zelle McDonough & Cohen LLP - Posted: 11/13/2014
10/29/2014
South Carolina Property and Casualty Insurance Guaranty Association v. Roger Brock, et al.,
The State Guaranty for a bankrupt insurer may offset all payments from all solvent insurers made to the injured Plaintiff as a result of a motor vehicle accident.
State of South Carolina Supreme Court

An injured passenger in a motor vehicle involved in an accident received benefits from other insurers, including liability payment, medical care payments, uninsured motorist coverage payments, and personal injury protection payments.  After P

Submitted by: Mark J. Gesk - Posted: 11/01/2014
10/29/2014
Fabian v. Lindsay
SC Supreme Court recognizes a new cause of action in tort and contract on behalf of a Plaintiff third party beneficiary of a will or estate planning document against the lawyer who’s drafting errors defeated or diminished his client’s intent damaging the non-clients interests.
State of South Carolina Supreme Court

Plaintiff was the niece of the Decedent who had executed a trust agreement drafted by the Defendant lawyers.  The Decedent was the client of the lawyer not the niece.  After the uncle’s death, the lawyers informed the niece that sh

Submitted by: Mark J. Gesk - Posted: 11/01/2014
10/29/2014
Crownover v. Mid-Continent Casualty Company,
CGL Insurer for bankrupt homebuilder contractor must indemnify homeowners for faulty construction despite various exclusions.
United States Court of Appeals for the Fifth Circuit

Plaintiffs hired homebuilder for construction of a new house.  Contractor performed defective work and promptly failed to correct the work.  In arbitration Plaintiffs were awarded damages in the amount required to repair the improper wor

Submitted by: Mark J. Gesk - Posted: 11/01/2014
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
10/22/2014
Izell v. Union Carbide Corp
California Court Upholds $18 Million Punitive Award in Asbestos Litigation
Court of Appeal of California, Second Appellate District, Division Three

Bobbie and Helen Izell sued Union Carbide, a supplier of asbestos, alleging personal injuries and loss of consortium as a result of Mr. Izell’s exposure to asbestos.  Mr. Izell, a construction business owner, alleged that he developed m

Submitted by: John Mitchell, Thompson Hine LLP - Posted: 11/17/2014
10/15/2014
Auto Flat Car Crushers, Inc. v. Hanover Insurance Co.
Insurer’s full payment of all of plaintiff’s actual damages and interest does not shield it from treble damages claim under Massachusetts bad faith statute.
Massachusetts Supreme Judicial Court

Citing the deterrent purposes served by the “broad remedial” reach of Massachusetts’s bad faith statute, M.G.L.c. 93A, the Massachusetts’ Supreme Judicial Court holds that the plaintiff’s acceptance of full reimbursem

Submitted by: Barbara O’Donnell, Zelle McDonough & Cohen LLP - Posted: 11/12/2014

 

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