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Keyword: Court:

01/27/2015
Felder's Collision Parts, Inc. v. General Motors et al
Antitrust law welcomes those lower prices for consumers of collision parts so long as neither GM nor its dealers is selling parts at below-cost levels.
United States Court of Appeals, Fifth Circuit

The primary issue from a dismissal of the antitrust claims is whether the Court considers the effect of this rebate in deciding whether Felder’s can meet one of the essential elements of a predatory pricing claim: that the defendant is selli

Submitted by: Meloney Perry of Perry Law PC, Dallas, TX - Posted: 01/27/2015
01/26/2015
M&G POLYMERS USA, LLC, ET AL. v. TACKETT ET AL
To determine whether retiree health-care benefits survive the expiration of a collective bargaining agreement, courts should apply ordinary contract principles.
SUPREME COURT OF THE UNITED STATES OF AMERICA

The case resolves a dispute about the vesting of health-care benefits under a collective bargaining agreement. The issue is how courts should decide whether the benefits last until the employee dies.   The Court told the Sixth Circuit that is

Submitted by: Meloney Perry of Perry Law PC, Dallas, TX - Posted: 01/27/2015
01/15/2015
James Demetres v. East West Construction, Inc.
Law of the state where the accident occurred not where benefits paid governed the action against upstream contractor.
United States Court of Appeals for the Fourth Circuit

Demetres is a resident and citizen of North Carolina.  His direct employer was Ashland Construction, a NC employer,  who contracted with East West a Virginia company to build a CVS in Virginia.  There was an onsite job accident and

Submitted by: Kay Gaffney, Barnes Alford - Posted: 01/15/2015
01/08/2015
Ibarra v. Manheim Investments & LaCross v. Knight Transportation
The Ninth Circuit uses two cases to demonstrate how to establish the amount in controversy by a preponderance of the evidence
United States Court of Appeals for the Ninth Circuit

The Ninth Circuit released parallel opinions comparing and contrasting what it takes for a defendant to satisfy the new preponderance of the evidence standard for proving the amount in controversy under the Class Action Fairness Act, (CAFA). 

Submitted by: Karen Landinger,Cokiaos, Boisen, and Young - Posted: 01/09/2015
01/08/2015
Robinson v. Alston
Defendant had forfeited his right to arbitration by invoking the “machinery of litigation” to prejudice the plaintiffs.
United States Court of Appeals for the Eleventh Circuit

Defendant appeals the district court’s denial of his Motion to Compel Arbitration.  The district court concluded that the defendant forfeited his right to arbitration based on his conduct during litigation.  The court of appeals af

Submitted by: Haley R. Moore, Christie LawGroup - Posted: 01/09/2015
01/08/2015
Weidman v. Exxon Mobil
Employee claim that he was fired in retaliation for refusal to engage in a criminal act was an exception to employment at will.
United States Court of Appeals for the Fourth Circuit

Former Exxon employee alleged that he was fired in retaliation for reporting Exxon’s illegal pharmacy practices.  The district court dismissed all of his tort claims, including fraud, personal injury and wrongful discharge.   The c

Submitted by: Haley E. Moore, Christie Law Group, PLLC - Posted: 01/12/2015
01/07/2015
Shelton v. Bledsoe
Classes seeking only declaratory or injunctive relief do not need to be ascertainable to be certified
United States Court of Appeals for the Third Circuit

In a matter of first impression, the Third Circuit held that ascertainability is not a requirement for certification of a class seeking only injunctive or declaratory relief.  The proposed class was defined as “all persons who are curre

Submitted by: Karen L. Landinger, Cokinos, Bosien & Young, San Antonio, Texas. - Posted: 01/09/2015
01/07/2015
Philips v. City of New York
It is within the police power of a state to require compulsory vaccinations.
United States Court of Appeals for the Second Circuit

Plaintiffs brought suit challenging, on constitutional grounds, New York State’s requirement that all children be vaccinated in order to attend public school.  While the requirement is subject to medical and religious exemptions, plaint

Submitted by: Haley R. Moore, Christie LawGroup - Posted: 01/09/2015
01/07/2015
Ruffin v. MotorCity Casino
Listening to two way radio to respond to casino emergencies did not make meal time compensable.
United States Court Of Appeals for the Sixth Circuit

Under the Fair Labor Standards Act (FLSA), an employee’s meal period is compensable if the employee spends that time predominantly for her employer’s benefit.  Plaintiffs are former and current security guards working for MotorCit

Submitted by: Haley E. Moore, Attorney Christie Law Group, PLLC - Posted: 01/07/2015
01/07/2015
Magee v. Hamline University
Two claims arose out of the same nucleus of operative facts, including both the termination and events precipitating the termination, the second claim was barred by res judicata.
United States Court of Appeals for the Eighth Circuit

A tenured professor at Hamline University brought suit against the school after she was terminated from her job.  Magee had been convicted with various felony state tax violations, and thereafter was placed on leave.  Eventually after a

Submitted by: Haley E. Moore, Attorney Christie Law Group, PLLC - Posted: 01/07/2015
01/06/2015
DAVIS v. ELECTRONIC ARTS, INC
The use of former NFL players’ likenesses in a video game is not protected under the First Amendment as “incidental use.”
United States Court of Appeals for the Ninth Circuit

From 2001 through 2009, Electronic Arts’ Madden NFL series of video games included the then-current teams, for which Electronic Arts paid annual licensing fees to the NFL Players Association, as well as certain “historic teams,”

Submitted by: Anthony T. Golz, Cokinos, Bosien & Young, Houston, Texas - Posted: 01/09/2015
01/06/2015
Paul v. State Farm Mutual
No double payment of Medical Expenses by State Farm
United States Court of Appeals for the Sixth Circuit

Plaintiffs brought suit alleging that State Farm breached the terms of its insurance policy when it failed to pay them for the same medical expenses twice.  The Six Circuit upheld the district court’s dismissal for failure to state a cl

Submitted by: Haley E. Moore, Attorney Christie Law Group, PLLC - Posted: 01/06/2015
01/02/2015
Wooten v. McDonald Transit Associates, Inc
The Fifth Circuit holds, for the first time, that facts omitted from a complaint underlying a default judgment cannot be supplied by testimony
United States Court of Appeals for the Fifth Circuit

Confronting the question left open 40 years ago in Nishimatsu Construction Co., Ltd. v. Houston Nat’l Bank, 515 F.2d 1200 (1976), the Fifth Circuit held that evidence adduced at a default-judgment “prove-up” hearing could not cur

Submitted by: Karen L. Landinger, Cokinos, Bosien & Young, San Antonio, Texas. - Posted: 01/06/2015
12/31/2014
Left Fork Mining Co. v. Hooker
Plaintiffs were precluded from obtaining judicial relief due to the comprehensive nature of the agency’s own review process.
United States Court of Appeals for the Sixth Circuit

Operators of an underground coalmine brought suit against the Federal Mine Safety and Heath Administration (MSHA) employees.  During an inspection, a MSHA employee noted elevated methane levels, presenting a significant safety risk.  Due

Submitted by: Haley E. Moore, Christie Law Group, PLLC - Posted: 01/12/2015
12/31/2014
Rodriguez v. American Medical Systems, Inc.
In Medical Device Case, Fifth Circuit Affirms Dismissal of Plaintiff’s State Law Products Liability and Deceptive Trade Practices Claims on the Basis of Preemption
United States Court of Appeals for the Fifth Circuit

In Rodriguez v. American Medical Systems, Inc., 2014 WL 7399048 (5th Cir. Dec. 31, 2014), the Fifth Circuit affirmed the dismissal of Plaintiff’s state law products liability and deceptive trade practices claims against the Defendant medical

Submitted by: Marisa A. Trasatti, Esquire, and Colleen K. O’Brien, Esquire, Semmes, Bowen & Semmes, Baltimore, Maryland - Posted: 01/19/2015
12/30/2014
Wilson Mut. Ins. Co. v. Falk
The Supreme Court of Wisconsin Defines Manure as a Pollutant and not Liquid Gold
Supreme Court of Wisconsin

The Falks, who are owners and operators of a dairy farm, applied liquid cow manure to their fields for fertilization. The Falks’ neighbors subsequently experienced well contamination which was ultimately traced back to the Falks’ manur

Submitted by: Karen L. Landinger, Cokinos, Bosien & Young, San Antonio, Texas. - Posted: 01/06/2015
12/30/2014
In re Rolls Royce Corp
The Fifth Circuit enhances the importance of forum-selection clauses but opens the door for gamesmanship
United States Court Of Appeals for the Fifth Circuit

In Atlantic Marine Construction Company, the U.S. Supreme Court held that a contractual forum-selection clause must be enforced, except in exceptional circumstances. However, Atlantic Marine did not address what a district court sho

Submitted by: Karen L. Landinger, Cokinos, Bosien & Young, San Antonio, Texas. - Posted: 01/07/2015
12/26/2014
OREGON OCCUPATIONAL SAFETY & HEALTH DIVISION v. CBI SERVICES, INC.
For the purposes of the Oregon Safe Employment Act, “could” know does not mean “should” know

ORS 654.086(2) provides that an employer is not liable for a “serious” violation of the Oregon Safe Employment Act if “the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the vio

Submitted by: Anthony T. Golz, Cokinos, Bosien & Young, Houston, Texas - Posted: 01/06/2015
12/19/2014
EEOC v. Kohl’s Dep’t Stores, Inc.,
Employee cannot claim lack of accommodation under ADA after quitting during the interactive process
United States Court of Appeals for the First Circuit

The EEOC claimed that Kohl’s violated the ADA and constructively discharged its employee by failing to allow her to work consistent nine-to-five shifts as an accommodation for her type I diabetes.  The record demonstrated that Kohl&rsqu

Submitted by: Paul M. Finamore and Rachel M. Severance of Niles, Barton & Wilmer, LLP - Posted: 01/21/2015
12/18/2014
BAGLEY v. MT. BACHELOR, INC
That broad release of liability you signed may not be binding
Supreme Court of Oregon

Like other operators of recreational facilities, Mt. Bachelor, Inc. requires its patrons to execute a “release and indemnity agreement” as a condition of using its ski park.  The agreement purports to release Mt. Bachelor from any

Submitted by: Anthony T. Golz, Cokinos, Bosien & Young, Houston, Texas - Posted: 01/09/2015
12/16/2014
In re DIET DRUGS (PHENTERMINE/FENFLURAMINE/DEXFENFLURAMINE) Products Liability Litigation
Claimant Failed to Demonstrate a “Reasonable Medical Basis” for Compensation under the Settlement Agreement Established for Claims Relating to Pondimin® and Redux®.
United States Court of Appeals for the Third Circuit

Brown unsuccessfully appealed an order denying her recovery under the terms of the Diet Drug Nationwide Class Action Settlement Agreement. Wyeth, the successor-in-interest to American Home Products Corporation (“AHP”) entered into a Se

Submitted by: Marisa A. Trasatti, Esquire, and Sarah M. Grago, Law Clerk, Semmes, Bowen & Semmes, Baltimore, Maryland - Posted: 01/19/2015
12/15/2014
Heien v. North Carolina
No Fourth Amendment violation because the officer acted reasonably under the circumstances, even in misreading the statute.
Supreme Court of the United States

The Supreme Court affirmed a North Carolina Supreme Court decision in a case in which an officer misinterpreted the law for which he stopped the plaintiff.   The officer pulled a vehicle over after observing that the vehicle’s righ

Submitted by: Haley E. Moore, Attorney Christie Law Group, PLLC - Posted: 01/06/2015
12/12/2014
Judon v. Travelers Property Casualty Company
Preponderance of the evidence standard applies to the amount-in-controversy requirement
United States Court of Appeals for the Third Circuit

This case concerns the requisite burden of proof for establishing jurisdiction under the Class Action Fairness Act (CAFA).  Plaintiff was injured while riding in a passenger vehicle insured by Travelers.  Travelers paid $5,000, up to the

Submitted by: Haley E. Moore, Attorney Christie Law Group, PLLC - Posted: 01/06/2015
12/08/2014
NAAMJP v. Berch
Arizona Supreme Court rules on bar admissions are lawful.
United States Court of Appeals for the Ninth Circuit

Two attorneys wishing to practice law in the state of Arizona, joined by the National Association for the Advancement of Multijurisdictional Practice (NAAJMP) brought suit against justices of the Arizona Supreme Court, challenging the Arizona Supr

Submitted by: Haley E. Moore, Attorney Christie Law Group, PLLC - Posted: 01/06/2015
12/08/2014
Perona v Volkswagen
Defendants finally prevail in 27 year old class action by way of Summary Judgment. A lesson in never giving up!
Ill. App. Court (1st Division)

Plaintiffs filed a class action in 1987 for the diminution in value of their Audi 5000 vehicles as a result of alleged untended acceleration issues associated with their cars.  After decades of discovery disputes and the granting in

Submitted by: Craig L. Winterman Herzfeld & Rubin LLP - Posted: 12/29/2014
12/01/2014
Marini v. Costco Wholesale Corp
Failure of proof of continuing violation doctrine bars ADA claim, but Court denies summary judgment on breach of contract in light of the lack of an appropriate disclaimer in employee handbook, a reminder of their importance.
United States District Court for the District of Connecticut

Peter Marini sued his former employer, Costco Wholesale Corporation, on September 27, 2009 for violations of the American with Disabilities Act (ADA) and the Connecticut Fair Employment Practices Act (CFEPA) alleging that he was subject to on-the-

Submitted by: Paul M. Finamore & Dalene A. Radcliffe, Niles, Barton & Wilmer, LLP - Posted: 01/21/2015
11/12/2014
Klein Products v. International Paper
Copying General Counsel on email does not make a document privileged.
UNITED STATES DISTRICT COURT FOR THE NORTHER DISTRICT OF ILLINOIS EASTERN DIVISION

In ruling on discovery issues in this antitrust litigation, the District Judge rejected a blanket rule that any document which was copied to the company's General Counsel was priviledged.    The Court noted that is was significa

Submitted by: Mills Gallivan, Gallivan, White and Boyd - Posted: 12/28/2014

 

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