Allison Dunn

December 01, 2023 | Law.com

"We find that Doe waived his claims of confidentiality under the Act by voluntarily and publicly disclosing his private health information in a public trial, and the qualified protective order under HIPAA did not preclude such waiver," Justice P. Scott Neville Jr., wrote.

By Allison Dunn

4 minute read

November 30, 2023 | Law.com

"Mr. Howie incurred honor code violations while attending law school for plagiarism and failing to disclose the honor code violation of another student who facilitated his plagiarism. Although he was previously admitted to the Bars of New Jersey and New York, he failed to disclose the violations to two of his four employers," Justice Michele D. Hotten wrote in a dissenting opinion, though the record did not reveal which employers knew or did not know.

By Allison Dunn

6 minute read

November 28, 2023 | Law.com

"This was the first case to actually succeed in using our product liability theory that we've been using since 2014," said victims rights attorney Carrie Goldberg, of C.A. Goldberg Law Firm in Brooklyn.

By Allison Dunn

6 minute read

November 21, 2023 | Law.com

"JetBlue argues that because JetBlue's manual contains a § 121.709(e) authorization, the AMM [Aircraft Maintenance Manual] reference provision is inapplicable. ... JetBlue would have the court interpret § 121.709(e) as exempting JetBlue from following its own procedures. But FARs do not negate compliant rules air carriers place on themselves via their maintenance manuals. In fact, 14 C.F.R. § 121.709(b)(1) explicitly states that aircraft maintenance logs must 'be prepared in accordance with the carrier's maintenance manual,'" U.S. District Judge Indira Talwani wrote.

By Allison Dunn

3 minute read

November 21, 2023 | Law.com

"IFI takes issue with the fact that Howard pleads that either IFI or Nashville Quality, LLC were responsible for the accident or sabotage that resulted in glass in her food. IFI argues that '[b]ecause the allegations concede it is just as probable that the damages were caused by someone other than IFI and further fails to identify what IFI did or failed to do to cause the damages, the Complaint fails to state a plausible claim for relief.' ... This is wrong," District Judge Thomas T. Cullen for the Western District of Virginia wrote. "IFI conflates Howard's burden of proof with the pleading requirements.

By Allison Dunn

4 minute read

November 17, 2023 | Law.com

"Quite simply, voluntary compliance with a federal program does not confer federal officer jurisdiction to this Court," Senior District Judge Richard D. Bennett wrote, granting the plaintiff's motion to remand the case to the circuit court.

By Allison Dunn

5 minute read

November 16, 2023 | Law.com

Some of the rates requested by Quinn Emanuel—$1,690 per hour for a lead partner or $1,385 per hour for associates—were unrealistic for the Richmond, Virginia, market in the present case, the court found.

By Allison Dunn

5 minute read

November 14, 2023 | Law.com

"Counsel, if we adopt your theory, having studied what other states are doing because it's sort of a new area—not every state has weighed in—we'd have the most liberal interpretation of third-party spoliation in the nation," Chief Justice Loretta H. Rush told plaintiffs counsel from the bench Monday.

By Allison Dunn

5 minute read

November 10, 2023 | Law.com

A federal judge in Virginia agreed to dismiss one patent infringement claim against Amazon this week, while the court will defer on the remaining allegations brought by developers who claim that the e-commerce company poached its voice recognition technology and natural language understanding to expand its Echo and Alexa products.

By Allison Dunn

5 minute read

November 09, 2023 | Law.com

"Plaintiff is therefore forced to resort to an argument that Defendant's facilities—located on the opposite coast—infringe on its trademarks. This sort of significant geographic separation between local businesses, coupled with the lack of any legally cognizable consumer overlap, compels application of the principles espoused in Dawn Donut, What-A-Burger, and their progeny. Plaintiff makes many arguments to the contrary, but they are all unavailing," Young wrote.

By Allison Dunn

5 minute read