Allison Dunn

July 18, 2022 | Law.com

"Based on my review of other attorney's fee awards in this district over the past several years, adjusted to reflect the cost of legal services in the winter of 2021 (when the bulk of the work in this case occurred), these fee strike me as appropriate for experienced counsel. Accordingly, the fee award will be calculated using the secretary's proposed rates," wrote U.S. District Judge Lance E. Walker of the District of Maine.

By Allison Dunn

4 minute read

July 18, 2022 | Law.com

"The students have only ever asked for a fair refund representing the difference between the access to Suffolk's facilities and services that they prepaid for, and what was actually delivered during the Spring 2020 term," said Roy T. Willey IV, of Anastopoulo Law Firm in Charleston, South Carolina, one of the attorneys representing the plaintiffs.

By Allison Dunn

5 minute read

July 15, 2022 | The Legal Intelligencer

"The Audit Report—which found that across departments, the city lacks proper policies for investigating complaints of sexual harassment and disciplining employees when those complaints are sustained—ties McCowan's hostile investigation to this larger city custom," wrote U.S. District Judge Karen S. Marston of the Eastern District of Pennsylvania.

By Allison Dunn

4 minute read

July 15, 2022 | Law.com

"To the extent that the board considered factors that did focus on control and direction in connection with the inspectors' performance of services, that analysis was flawed," Associate Justice Sabita Singh wrote on behalf of the panel. "The board cited Tiger requirements that are also regulatory requirements. For example, the board noted that inspectors had to complete a written report following each inspection, but this report is mandated by regulation. See 266 Code Mass. Reg. § 6.03 (2008). That Tiger required the inspectors to meet regulatory standards does not show Tiger's direction and control."

By Allison Dunn

5 minute read

July 14, 2022 | Connecticut Law Tribune

"[T]he CT highway defect statute is really burdensome—like contributory negligence on steroids," said the plaintiff's lead attorney, Stewart M. Casper of Casper & de Toledo. "So it was necessary to plan the case with that in mind. Ultimately, we were able to meet the sole proximate cause burden largely by using the testimony of DOT employees and without experts. If the DOT's No. 1 priority is safety, it was exposed for proceeding with its crosswalk eradication plan without a safety plan for pedestrians. It's unfortunate Kaeleigh was the victim."

By Allison Dunn

3 minute read

July 14, 2022 | Law.com

"If Doe provides supporting evidence of this allegation after discovery, a jury could conclude that the qualified privilege arguably enjoyed by the University and its employees was lost," wrote U.S. District Judge Thomas T. Cullen of the Western District of Virginia.

By Allison Dunn

5 minute read

July 14, 2022 | The Legal Intelligencer

Jamie Quinn, a former Sunbury police officer, was fired from the police department in 2017 after she was criminally charged for directing her son to delete an explicit photo of an underage girl that was received on a department-issued cellphone that he was borrowing.

By Allison Dunn

5 minute read

July 12, 2022 | Law.com

"In sum, in the face of clear and unambiguous policy language and an overwhelming body of unfavorable case law, including recent decisions from this circuit and Massachusetts' highest appellate court, CSI's attempts to create an ambiguity and advance a favorable interpretation of the business income provision necessarily fail," U.S. District Judge Allison Burroughs of the District of Massachusetts wrote July 8.

By Allison Dunn

5 minute read

July 11, 2022 | Law.com

The Massachusetts Supreme Judicial Court has reversed a superior court judge's ruling, finding that a commercial liability insurance policy covering damages "because of 'bodily injury,'" does not include the automatic award of attorney fees.

By Allison Dunn

6 minute read

July 11, 2022 | Law.com

"Here, the defendant's proffered expert testimony about his mental state was relevant to whether the 'knowingly' element had been met," Associate Justice John Englander wrote. "As the evidence was relevant, and its exclusion was not harmless, we vacate the conviction."

By Allison Dunn

4 minute read