$48.5M Jury Award in Business Interruption Case: The Morning Minute
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September 06, 2022 at 06:00 AM
6 minute read
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WHAT WE'RE WATCHING
VIRAL VERDICT - Courts have, thus far, overwhelmingly decided COVID-19-related business interruption cases in favor of insurers. But jurors travel to the beat of a different drum. Case, literally, in point: a jury in Harris County, Texas just returned a $48.5 million verdict in favor of Baylor College of Medicine, finding the defendant insurers' commercial property policies covered losses due to the pandemic. Post-trial, Baylor's legal team announced its belief that this was the first jury trial in the nation on the issue of whether a commercial property insurance policy covered such losses. As Law.com's Adolfo Pesquera reports, the jury heard from several experts, including Baylor's world-renowned virologist Dr. Peter Hotez, who opined that the virus settles on surfaces, making the property less functional and valuable. The jury agreed that the virus caused direct physical loss of or damage to Baylor's property and awarded damages for lost profits, extra expenses and research losses. To get up (and stay up) to speed on business interruption litigation around the country, check out our package, World, Interrupted: Tracking the Trajectory of COVID-19 Business Interruption Litigation. We've collected all of our coverage, analysis and expert commentary related to these cases nationwide (and, in a few instances, worldwide) and will continue to update this page with new developments.
NEVER GONNA GIVE YOU UP - At the Olive Garden, "when you're here, you're family." But in Big Law, you're family even after you leave. At least that's the idea. As Law.com's Patrick Smith reports, law firm alumni networks are an increasingly important tool for Big Law business development and talent acquisition efforts. Savvy law firms see their alumni networks as sources of business and talent pools, legal industry observers say, leading firms to invest heavily in alumni programs. That includes spending time and money on meet-up events, apps and newsletters. The number of firm alumni for any big firm can also reach into the hundreds or even thousands. Those former partners or associates may have moved to GC roles, government or started up their own shop. While not all firms tap into that potential—it can be hard to track down lawyers after they leave—alumni networks, if done effectively, can be a differentiator in a Big Law environment that preaches a "sticky" culture but doesn't always follow through. What does doing it effectively entail? As Ira Coleman, chair of McDermott Will & Emery explains: "Enter people well, treat them well, and also handle the exiting of people well. Be kind and generous and help them move on. Then connect with them after they leave."
WHO GOT THE WORK?℠ - Michael J. Ball of Vorys, Sater, Seymour and Pease has entered an appearance for JohnCol Inc., Allen Hertzman, Joseph Hertzman and other defendants in a pending employment class action. The case, filed July 13 in Ohio Southern District Court by Biller & Kimble, accuses the Papa John's franchise operator of underpaying delivery drivers by failing to reimburse drivers for vehicle maintenance, gasoline, cellphone charges and other expenses. The case, assigned to U.S. District Judge Sarah D. Morrison, is 2:22-cv-02779, Fischer v. JohnCol, Inc. et al. >> Read the filing on Law.com Radar and check out the most recent edition of Law.com's Who Got the Work?℠ column to find out which law firms and lawyers are being brought in to handle key cases and close major deals for their clients.
ON THE RADAR - Dollar General and Walmart were hit with a product liability lawsuit Sunday in Nevada District Court. The complaint, brought by Wetherall Group Ltd. on behalf of Natalie Mendez, contends that defendants failed to adequately warn consumers about the dangerous effects of taking paracetamol a/k/a acetaminophen while pregnant. The suit further alleges that prenatal exposure to the drugs can alter fetal development, which may significantly increase the risks of neurodevelopmental disorders such as autism spectrum disorder and attention deficit/hyperactivity disorder. Counsel have not yet appeared for the defendants. The case is 2:22-cv-01435, Mendez v. Dollar General Corporation et al. Stay up on the latest deals and litigation with the new Law.com Radar.
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Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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