Allison Dunn is a reporter on ALM's Rapid Response desk based in Ohio, covering impactful litigation filings and rulings, emerging legal trends, controversies in the industry, and everything in between. Contact her at [email protected]. On Twitter: @AllisonDWrites.
November 08, 2022 | Law.com
State Appellate Court Affirms Defense Verdict in Med Mal Birth Injury CaseThe South Carolina Court of Appeals has upheld a lower court's application of state law pertaining to emergency obstetrical care exceptions in which gross negligence is required to impose liability.
By Allison Dunn
5 minute read
November 07, 2022 | Law.com
Pizza Delivery Drivers Reach $250K Settlement With Domino's Pizza Franchises for Wage Violations"I believe the relief the settlement affords the class members is adequate and reasonable because the settlement achieves a significant benefit for the named Plaintiff and the class members in the face of substantial litigation obstacles," U.S. District Judge Nancy Torresen wrote in the order. "While there is a possibility the class could recover more money after trial and appeal, the Settlement Agreement provides the benefit of a guaranteed and considerable payment to class members, rather than a speculative payment of a hypothetically larger amount years down the road."
By Allison Dunn
3 minute read
November 07, 2022 | Law.com
State High Court Split on 'Post Hoc Assertions' of 'Waller' Factors When Excluding Disruptive Courtroom Spectator"The trial court didn't even understand that 'Waller' applied in these circumstances, so for the [Colorado Supreme] Court, on its own initiative, to make its own findings to satisfy each of the 'Waller' factors, I think it's entirely contrary to existing United States Supreme Court precedent and also Colorado public-trial precedent, as well," said Gregory Lansky, a Colorado-based criminal defense attorney who represented one of the defendants.
By Allison Dunn
7 minute read
November 04, 2022 | Law.com
'Persistent Refusal to Acknowledge' Court's Authority in Divorce Proceeding Leads to Attorney's 18-Month SuspensionOver the course of the proceeding, Laroche-St. Fleur filed false financial statements, including that the marital home was "encumbered by a 'mortgage'" when it had really been paid in full.
By Allison Dunn
6 minute read
November 03, 2022 | Connecticut Law Tribune
Judge Permits Attorney's Dual Role as Witness, Advocate: 'It Has Been Clear for Years' That Lawyer Would Have to Testify"Defendants emphasize that Mr. Kaufman is not himself named as a plaintiff, but they do not explain the significance of this distinction. … Mr. Kaufman is the sole member of the LLC that bears his name, and his testimony will relate only to his legal practice," Judge Victor A. Bolden wrote in the opinion.
By Allison Dunn
6 minute read
November 02, 2022 | Connecticut Law Tribune
Is a Fatal Drug Overdose Considered an 'Accident' for Purposes of Liability Insurance Coverage?"A distillation of the precedent on this topic leaves the Court with the following principle: death caused by a drug overdose will only be an expected or intended harm if either the provision of drugs is so 'inherently harmful' that death by overdose would be a natural consequence, or Imran Iqbal had actual knowledge that the drugs were harmful enough that Elle Migneault might perish as a result of taking them," wrote U.S. District Judge Janet Bond Arterton of the District of Connecticut.
By Allison Dunn
5 minute read
November 01, 2022 | Law.com
Dunkin' Franchisees to Pay $145K for Child Labor Law Violations, Massachusetts AG AnnouncesAn audit revealed that more than 1,200 child labor violations had occurred over a period of 1.5 years, impacting more than 50 employees.
By Allison Dunn
3 minute read
October 28, 2022 | Daily Business Review
$0 Attorney Award Reversed for Further Consideration Due to Confusion in Procedures During Pandemic"This case took place during a pandemic where court procedures departed from the norm," Judge Melanie G. May wrote on behalf of the three-judge appellate panel. "Plaintiff's counsel should have been aware of the trial court's instructions, but once it became apparent that plaintiff's counsel was not in compliance with those instructions, his only alternative was to ask for additional time to comply, which he did. The court had already ruled on the plaintiff's entitlement to fees and costs, but then refused to award them when plaintiff's counsel failed to appreciate the procedures required due to the pandemic."
By Allison Dunn
6 minute read
October 28, 2022 | Connecticut Law Tribune
Federal Judge: ECPA Does Not Protect 'Disclosure of an Email Address,' Only Contents of Communication"In other words, the statute protects the content of the communication (i.e., what is written in the e-mail), not the instrument (i.e., the e-mail address)," Judge Vanessa Bryant wrote in the opinion, granting Publishers Clearing House's motion to dismiss.
By Allison Dunn
3 minute read
October 28, 2022 | Connecticut Law Tribune
Judge: 1963 Royalties Agreement Between 'Funny Girl' Lyricist, Producer Cannot Be Canceled Under Copyright Law"I agree with the Hymans. Although Merrill may terminate her late husband's licensing deals, she has no right to cancel his royalty deals," Judge Jeffrey Alker Meyer wrote.
By Allison Dunn
6 minute read
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