Allison Dunn

June 09, 2023 | Law.com

Despite a provision in a commercial lease that prohibited electronic notice, the Massachusetts Appeals Court sided with a tenant in holding that an email to its landlord constituted effective notice to opt out of an automatic five-year lease extension.

By Allison Dunn

5 minute read

June 09, 2023 | Law.com

"The evidence at trial, when viewed in the light most favorable to respondent, failed to demonstrate that Speedway engaged in affirmative conduct that created an unreasonable risk of harm to the motoring public, including Mr. Jarrett," West Virginia Supreme Court Justice John A. Hutchison wrote on behalf of the unanimous court. "Therefore, Speedway had no duty to exercise reasonable care by preventing Ms. Liggett from driving."

By Allison Dunn

6 minute read

June 08, 2023 | Corporate Counsel

"If you're hiring AI technical competence to help you form an AI strategy, that's completely wrong in my expert opinion because it's a business decision," said Josh Kubicki, a University of Richmond School of Law professor.

By Allison Dunn

3 minute read

June 07, 2023 | Law.com

"The role for this court today in these limited, narrow certified question proceedings is to clarify and confirm what the Maryland General Assembly decided. In so doing, the court will uphold the deliberate balance that the Maryland General Assembly struck for better or for worse, whatever the court may think of that balance between two very important policy goals: one being the protection of LGBTQ rights, the other being the protection of religious exercise in Maryland," the counsel for Catholic Relief Services, Joseph C. Dugan, an associate at Gallagher Evelius & Jones, argued before the justices June 2.

By Allison Dunn

5 minute read

June 05, 2023 | Law.com

"In sum, it cannot be concluded that Senex, operating a fully integrated system for collecting delinquent tenant rent for its landlord clients, merely engages in ministerial functions. To conclude otherwise would be to ignore the reality of the comprehensive Senex rent collection system," U.S. Chief District Judge Michael F. Urbanski wrote.

By Allison Dunn

7 minute read

June 02, 2023 | Law.com

This case was first surfaced by Law.com Radar.

By Allison Dunn

5 minute read

June 02, 2023 | Law.com

An attorney who had technical problems filing documents in federal court before starting treatment for a recurrence of cancer has shown excusable neglect to justify his motion for leave to file a statement of additional material facts in his client's gender and age discrimination suit, a district judge in Maine concluded this week.

By Allison Dunn

5 minute read

May 30, 2023 | Law.com

"Once you've done that, you've satisfied your requirement. If you fail to do that, you could potentially be liable. I suppose at that point it would be strict liability of some kind. It would be some kind of liability. It would be up to a jury to decide what happens in the end," the plaintiff's attorney, David L. Abney said, during oral arguments.

By Allison Dunn

5 minute read

May 25, 2023 | Law.com

"Moreover, Mr. Zadnik was, from the evidence, the only other person in the room when the purported common law wedding ceremony occurred. There was no officiant. Perhaps I said that too quickly. Let me repeat that. There was no officiant," Circuit Judge Marilyn F. Bentley said from the bench, according to the opinion, that "There were no other witnesses; whether they be follow [sic] employees of either Mr. Zadnik or Ms. [Conway]; no neighbors; no friends; no siblings of Ms. [Conway]; no anyone." and that the "'testimony of one party alone is insufficient to confirm the existence of a valid and lawful marriage.'"

By Allison Dunn

6 minute read

May 25, 2023 | Law.com

"I'm somewhat disappointed from the standpoint that they've had three opportunities to document the citizenship of all of the members of each one of the LLCs—and there's a myriad of them. They've failed to do so to the satisfaction of the court or to us, for that matter," John S. Davagian, II, managing partner of Davagian Grillo & Semple, who represents the plaintiffs, told Law.com.

By Allison Dunn

6 minute read