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Keyword: Court:

06/27/2016
Whole Woman’s Health v. Hellerstedt
In a 5-3 vote, U.S. Supreme Court declares Texas’ challenged abortion regulations unconstitutional.
United State Supreme Court

Writing for the majority in a 5-3 decision, 579 U.S. _____ (June 27, 2016), Justice Stephen Breyer sided with the petitioner abortion clinics in declaring Texas’ restrictive abortion regulations a medically unnecessary and unconstitutional l

Submitted by: Barbara O’Donnell, Zelle, McDonough & Cohen LLP - Posted: 06/27/2016
06/27/2016
In Re Nickelodeon Consumer Privacy Litigation
Internet Companies Not Liable For Collecting Consumer Information
United States Court of Appeals for the Third Circuit

In a lengthy and complex opinion, the Third Circuit has largely dismissed multi-district class action claims in which young children alleged that Viacom and Google had violated their privacy rights by collecting information about the web sites tha

Submitted by: Michael F. Aylward, Morrison Mahoney. LLC - Posted: 06/28/2016
06/24/2016
Miller v. University Health Network
Damages Not Presumed For Litigant’s Abuse of Civil Process
Pennsylvania Superior Court

Pennsylvania’s intermediate appellate court has sustained a lower court’s finding a hospital violated the Dragonetti Act by improperly commencing a law suit against the families of patients who died at the hands o

Submitted by: Michael F. Aylward, Morrison Mahoney. LLC - Posted: 06/28/2016
06/24/2016
Narragansett Electric Company v. Century Indemnity Company
Second Circuit Reverses Insurer’s Duty to Defend Pollution Claim
United States Court of Appeals for the Second Circuit

The Second Circuit has issued a summary order, reversing a New York District Court’s declaration that an insurer had a duty to defend environmental cleanup litigation in Massachusetts notwithstanding an old pollution exclusion in its policy.

Submitted by: Michael F. Aylward, Morrison Mahoney. LLC - Posted: 06/28/2016
06/21/2016
Morrison v. County of Fairfax
Fire Captains are not exempt employees as they are not administrators or executive employees.
United States Court of Appeals for the Fourth Circuit

Under the Fair Labor Standards Act (FLSA) workers are entitled to overtime pay unless they are within certain exceptions.   The plaintiffs in this case are fire captains.  Reversing the lower Court, the Fourth Circuit held that no jury c

Submitted by: Kay Gaffney, Barnes Alford - Posted: 06/22/2016
06/10/2016
Hospice Family Care v. Joseph Allen
Alabama Court of Civil Appeals rules that widower of employee killed while driving home was entitled to workers’ compensation benefits.
Alabama Court of Civil Appeals

Suzanne Allen was a registered nurse on day-shift for Hospice Family Care. On February 3, 2014, Suzanne died in an automobile accident on her way home from her final home visit of the day. She had stopped at a pharmacy on her way home, but had not

Submitted by: Michael Taunton of Balch & Bingham LLP - Posted: 06/14/2016
06/09/2016
Nickerson v. Stonebridge Life Insurance Company,
“Brandt Fees” Must Be Included in Evaluating Whether Punitive Damages Award is Excessive
Suprene Court of California

The California Supreme Court held attorneys fees awarded to successful policyholders in insurance bad faith cases (“Brandt Fees”) must be included in the calculation of the basis of the permissible ratio for punitive damages under Stat

Submitted by: Andrew Downs, Bullivant Houser Bailey, PC - Posted: 06/10/2016
06/03/2016
Des Moines Flying Servs v. Aereial Servcies
Iowa Supreme Court holds that statutory immunity provisions for breach of implied warranty of merchantability in UCC do not apply in cases based solely on economic loss
Iowa Supreme Court

Cedar Valley Aviation, a wholly owned subsidiary of Aerial Services, Inc brought a plane into Des Moines Flying Services Inc for maintenance.  Among other things a new windshield was installed.  The new windshield came with a warranty.&n

Submitted by: Sean W. Martin, Carr Allison - Posted: 06/05/2016
06/03/2016
EX PARTE WATTERS
Alabama Supreme Court allows legal malpractice claims to be pursued after death when claims are based on contract.
Supreme Court of Alabama

Barbara Ruth Findley Long hired attorney Richard L. Watters to represent her in obtaining assets from the estate of her deceased father. The contract between Long and Watters laid out a specific fee arrangement and provided that any change to the

Submitted by: Michael Taunton of Balch & Bingham LLP - Posted: 06/07/2016
06/03/2016
Maybank v. BB&T Corporation
South Carolina Supreme Court upholds limitation of liability clause which allows a bank’s wealth management department to limit its liability exposure by precluding an award of punitive damages.
South Carolina Supreme Court

The plaintiff, a former senior vice president of BB&T Corporation’s (“BB&T) Trust Department and a client of BB&T’s wealth management team, sued BB&T over its investment advice regarding his retirement plan. 

Submitted by: Elizabeth M. McMillan of McAngus, Goudelock & Courie - Posted: 06/13/2016
06/01/2016
BUNIN V. MATRIXX INITIATIVES, INC., ET AL.
Florida Court of Appeals rules that Florida’s new expert testimony standards should be applied retroactively to pending cases.
District Court of Appeal of the State of Florida, Fourth District

In 2009, Simona Bunin sued Matrixx Initiatives, Inc., Zicam, LLC, and Publix Super Markets, Inc. for damages caused by losing her sense of smell after using a nasal spray. In 2013, while Bunin’s case was still pending, the Florida Legislatur

Submitted by: Michael Taunton of Balch & Bingham LLP - Posted: 06/10/2016
06/01/2016
Perry v. American Red Cross Blood Services
Sixth Circuit uphold summary judgment in ADA and FMLA case.
United States Court of Appeals for the Sixth Circuit

The plaintiff was fired for violation of Defendant’s absenteeism policy after she had accrued seven unscheduled absences in a twelve-month period.  Plaintiff contends that she was fired on the basis of her disabilities and that the Defe

Submitted by: Sean W. Martin, Carr Allison - Posted: 06/01/2016
05/31/2016
Verdrager v. Mintz
Massachusetts Supreme Court holds that an employee’s accessing, copying, and forwarding of documents may, in certain limited circumstances, constitute “protective activity,” but only where the employees actions are reasonable in the totality of the circumstances.
Massachusetts Supreme Court

The plaintiff is an attorney who worked for a Boston law firm.  During the course of her employment she complained to her superiors and ultimately to the Massachusetts Commission Against Discrimination that she was being subjected to discrimi

Submitted by: Sean W. Martin, Carr Allison - Posted: 06/01/2016
05/31/2016
Fleury v. IntraWest Winter Park Operations Corp.
Colorado Supreme Court rules ski resorts have no liability for avalanches
Colorado Supreme Court

In a 5-2 decision the Colorado Supreme Court holds that an avalanche that occurs within the bounds of a ski resort qualifies as an “inherent danger [] and risk[] of sking” under the Ski Safety Act of 1979 thereby precluding skiers from

Submitted by: Sean W. Martin, Carr Allison - Posted: 06/03/2016
05/09/2016
Mizyed v. Palos Community Hospital
Express Written Consent Form Signed by Patient Defeats Apparent Agency Claim Against Hospital.
Illinois Appellate Court, First District, First Division

Patient sought to hold the hospital liable for the alleged malpractice of a non-employed physician under the theory of implied authority of independent medical staff (apparent agency). Patient did not speak English, but his daughter, who was fluen

Submitted by: Michael Denning and Kimberly Kovanda, Heyl Royster Voelker & Allen, Rockford, IL - Posted: 06/16/2016

 

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