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08/20/2015
USA v. MEZA-RODRIGUEZ
7th Circuit finds that this particular alien was protected by the 2nd and 4th amendment but was prohibited from possessing a gun by a valid statute.
United States Court of Appeals for the Seventh Circuit

Mariano Meza-Rodriguez, a citizen of Mexico, was arrested in August 2013,  carrying a .22 caliber cartridge. He did not have— documentation showing that he is lawfully in the United States—that concerns us now. His immigration sta

Submitted by: Kay Gaffney, Barnes Alford - Posted: 08/27/2015
08/20/2015
Rikos et al. v. The Procter & Gamble Co.
Sixth Circuit Affirms Class Certification of Consumers Aligned Against P&G
United States Court of Appeals for the Sixth Circuit

Consumer claims for false advertisement of P&G’s Align probiotic supplement will proceed as a class action under the Sixth Circuit’s recent ruling. Upholding the U.S. District Court for the Southern District of Ohio’s class c

Submitted by: Cara Christian of Christian, Dichter & Sluga, P.C., Phoenix, AZ - Posted: 08/21/2015
08/19/2015
Varsity Brands, Inc., et al v. Star Atletica, LLC
Varsity Brands Cheers the Sixth Circuit’s Ruling that Varsity’s uniform designs are protectable under the Copyright Act.
United States Court of Appeals for the Sixth Circuit

Varsity Brands’ spirits have been lifted by the Sixth Circuit’s ruling in its favor over a copyright infringement dispute with another cheerleading apparel manufacturer and designer, Star Atletica.  Varsity Brands sued Star Atleti

Submitted by: Gena Sluga and Jeffrey Hutchins of Christian Dichter & Sluga, P.C. - Posted: 08/20/2015
08/18/2015
Darryn Begun, et al v. Scottsdale Insurance Co.
Coverage For Directors’ Alleged Theft Of Client Funds Precluded By Scottsdale Insurance Co.’s Professional Services Exclusion.
United States Court of Appeals for the Ninth Circuit

Scottsdale Insurance Co. issued a Business and Management Indemnity Insurance Policy to Clickbooks.com Inc. A former Clickbooks customer sued Clickbooks, former directors, and the majority shareholder alleging that the directors’ decisions c

Submitted by: Micalann C. Pepe, Christian, Dichter & Sluga, P.C. - Posted: 08/21/2015
08/13/2015
Cynthia Thomas v. Heartland Employment Services
Eighth Circuit Finds Enough Evidence to Survive Summary Judgment in Age Discrimination Case.
United States Court of Appeals for the Eighth Circuit

There was a genuine issue of    material fact as to whether age was a contributing factor in plaintiff's    discharge and the district court erred in granting defendants' motion for   &nbs

Submitted by: Civil Rights Section - Posted: 08/27/2015
08/11/2015
Ritrama, Inc. v. HDI-Gerling America Ins. Co.
No coverage where claim predated policy
United States Court of Appeals for the Eighth Circuit

Plaintiff was aware of defects in the vinyl   products it supplied to one of its customers before the effective date of   the policy in question and had received a demand for participation in the   costs o

Submitted by: Civil Rights Section - Posted: 08/27/2015
08/11/2015
NICOLE BURTON V. FREESCALE SEMICONDUCTOR, INCORPORATED; MANPOWER OF TEXAS, L.P.; MANPOWER, INCORPORATED; TRANSPERSONNEL, INCORPORATED.
Fifth Circuit finds that evidence raised the inference that reasons for firing were pre-textual
United States Court of Appeals for the Fifth Circuit

In Burton v. Freescale Semiconductor, a “temp” employee was fired shortly after her health deteriorated as a consequence of inhaling toxic fumes while on the job. In 2009 and 2010, the plaintiff employee’s performance reviews had

Submitted by: Lon Johnson of Christian, Dichter & Sluga, P.C., Phoenix, AZ - Posted: 08/21/2015
08/11/2015
Crawford, et al. v. Cuomo, et al.
2nd Circuit Reverses Dismissal of Prisoner Sex Abuse Claims
United States Court of Appeals for the Second Circuit

In March 2014, a New York District Court threw out claims of two male prison inmates alleging that their Eighth Amendment rights had been violated after they were sexually abused by a male corrections officer. The District Court’s decision w

Submitted by: Alison R. Christian, Christian Dichter & Sluga, P.C. - Posted: 08/20/2015
08/11/2015
In re Kellogg Brown & Root, Inc., et al.
D.C. Circuit Affirms Attorney-Client Privilege and Work-Product Protection for Internal Investigations
United States Court of Appeals for the D.C. Circuit

InIn re Kellogg Brown & Root, Inc., et al., the D.C. Circuit upheld protections for attorney-led internal investigations, vacating a district court order compelling production of internal audit documents subject to both the attorney-client pri

Submitted by: Gena Sluga and Cara Christian of Christian, Dichter & Sluga, P.C., Phoenix, AZ - Posted: 08/20/2015
08/11/2015
Jehovah v. Clarke
Fourth Circuit Reversed and Remands following District Court’s Dismissal of Inmate Jehovah’s Bid for Communion Wine
United States Court of Appeals for the Fourth Circuit

Jesus Emmanuel Jehovah, an inmate under the Virginia Department of Corrections, brought civil rights claims alleging violation of his right to the free exercise of his religion under the First Amendment and the Religious Land Use and Institutional

Submitted by: Jay Jenkins of Christian, Dichter & Sluga, P.C - Posted: 08/21/2015
08/07/2015
Ferraro v. Liberty Mutual Fire Insurance Co.
Fifth Circuit Undertakes to Decide Whether Second Sworn Proof of Loss is Necessary to Support a Claim Under National Flood Insurance Program
United States Court of Appeals for the Fifth Circuit

Insureds sued Insurer to recover flood-insurance proceeds after Hurricane Isaac damaged their home. The insurance policy, purchased through a private insurer, was part of the National Flood Insurance Program (NFIP) which was created by the Federal

Submitted by: Bradford D. Box, Rainey Kizer Reviere and Bell - Posted: 08/07/2015
08/06/2015
BancInsure, Inc. v. Federal Deposit Insurance Corp
Insured v. Insured Exclusion Bars Claim by Receiver of Failed Bank
United States Court of Appeals for the Tenth Circuit

The Tenth Circuit, applying Kansas law, held claims by the FDIC as the Receiver of a failed bank against the Bank’s former directors and officers were excluded by the Insured vs. Insured exclusion in the Bank’s D&O Policy because t

Submitted by: Andrew B. Downs, Bullivant Houser Bailey PC, San Francisco, CA - Posted: 08/07/2015
08/05/2015
National Specialty Insurance Co. v. Advanced Cargo Transportation, Inc.
Court Interprets Scope of Contract to Determine Whether Insurer’s Duty to Defend Insured Ends After Exhausting Liability Policy Limits
United States District Court for the Middle District of Pennsylvania

Insurer sought a declaratory judgment against Insured after it had exhausted its policy limit stemming from an accident involving multiple vehicles. Insurer claimed that since it had paid out the policy limit, it should no longer be liable to defe

Submitted by: Bradford D. Box, Rainey Kizer Reviere and Bell - Posted: 08/06/2015
08/04/2015
In re Robert Louis Booker
Fifth Circuit Reviews District Court Findings to Determine Whether There is Clear and Convincing Evidence to Support Attorney Suspension
United States Court of Appeals for the Fifth Circuit

The Eastern District of Texas initiated disciplinary proceedings against a Tennessee attorney licensed in that district pro hac vice. The Chief Judge referred the matter to the Magistrate Judge for a Report and Recommendation and subsequently adop

Submitted by: Bradford D. Box, Rainey Kizer Reviere and Bell - Posted: 08/05/2015
08/03/2015
Littlejohn v. City of New York, et al.
Second Circuit Address Appeal of 12(b)(6) Ruling on Multiple Employment-Related Claims
United States Court of Appeals for the Second Circuit

Plaintiff, an African-American woman, alleges that, while employed by the New York City Administration for Children’s Services, she was subjected to a hostile work environment and disparate treatment based on her race and retaliated against

Submitted by: John W. Sinnott of Irwin Fritchie Urquhart & Moore LLC - Posted: 08/03/2015
08/03/2015
Boykin v. George P. Morehead Living Trust
Tennessee Court of Appeals Determines Whether a Patron’s Slip and Fall Was Foreseeable to Property Owner
Court of Appeals of Tennessee

While running errands, a patron walked across a concrete parking landing to a nearby seamstress shop. On the side nearest the seamstress shop, the landing was even with the adjoining asphalt parking lot except for a three-foot section on the right

Submitted by: Bradford D. Box, Rainey Kizer Reviere and Bell - Posted: 08/03/2015
08/03/2015
Ewing Indus. Corp. v. Bob Wines Nursery, Inc
Eleventh Circuit Doubles Down on “No Class Tolling” Rule
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

The Eleventh Circuit has doubled down on its prior holding that a pending class action will not toll the statute of limitations for a later class action seeking to represent the same class. Plaintiff brought a class action alleging violations of t

Submitted by: Jaret Fuente, Kristin Ann Shepard and Paul G. Williams, Carlton Fields Jorden Burt, P.A. - Posted: 08/18/2015
07/30/2015
Urena v. Nationwide Insurance Company
In known policy limits case, failure to pay time limited demand constitutes bad faith.
United States District Court, D. South Carolina, Charleston Division

Urena was injured in an automobile accident on January 22, 1012.  He sustained severe injuries.   The at fault driver was insured by Nationwide and had coverage in the amount of $25,000 BI and $25,000 property.  The  adjus

Submitted by: Kay Gaffney, Barnes Alford - Posted: 08/07/2015
07/28/2015
Mullins v. Direct Digital, LLC
Seventh Circuit Applies “Weak” Ascertainability Requirement, Splits from Third and Eleventh Circuits
United States Court of Appeals for the Seventh Circuit

A panel from the Seventh Circuit split from the Third and Eleventh Circuits and rejected what it described to be a “heightened” ascertainability requirement under Rule 23(b)(3). In Mullins v. Direct Digital, LLC, plaintiff filed a clas

Submitted by: Jaret Fuente, Ben V. Seessel and Michael A. Greenfield of Carlton Fields Jorden Burt, P.A. - Posted: 08/18/2015
07/24/2015
ALLSTATE INSURANCE COMPANY, ET AL. v. BASIL THEODOTOU, M.D., ET AL
Insurance companies may seek equitable subrogation from subsequent tortfeasors, even when a judgment is not fully satisfied.
FIFTH DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

Allstate Insurance Company sought equitable subrogation from medical providers who, through medical negligence, severely exacerbated injuries originally caused by a car accident. A judgment was entered against the initial tortfeasor, and Allstate

Submitted by: Valerie Assad and John Henley, Traub Lieberman Straus & Shrewsberry LLP - Posted: 08/17/2015
07/24/2015
DEPOSITORS INSURANCE COMPANY v. CC&C OF LAKE MARY, LLC
Courts require a showing that the insurer was “prejudiced” before an insurance company can escape liability under a policy’s conditions.
FIFTH DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

Under its insurance policy, CC&C was required to 1) maintain a burglary alarm system monitored by a security company, and 2) notify the insurance company if the system was inactive or impaired. The monitoring of the system lapsed and the insur

Submitted by: Valerie Assad and John Henley, Traub Lieberman Straus & Shrewsberry LLP - Posted: 08/18/2015

 

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