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.
April 12, 2022 | Law.com
DC's Transit Authority Granted Summary Judgment on Negligent Design and Maintenance ClaimsA Maryland federal court magistrate judge on Monday declined to reopen discovery in a passenger's injury claim, finding there was no evidence that the Washington Metropolitan Area Transit Authority was negligent in its bus design or maintenance.
By Allison Dunn
4 minute read
April 12, 2022 | Law.com
Application of 'ABC Test' to Franchise Relationships May Cause 'Wave of Misclassification Litigation,' Employment Lawyers Say"If a franchisee is actually an employee under the state's independent contractor law, that individual may be entitled to overtime, earned sick time, and other benefits and protections not enjoyed by independent contractors," Deepa K. Desai of Fisher Phillips in Boston told Law.com.
By Allison Dunn
5 minute read
April 07, 2022 | New Jersey Law Journal
3rd Circuit Looks to 7 Sister Circuits to Define 'Employer' in 'American Dream' Contractor's Pension DisputeThe panel sought to appropriately define "employer" in a case of a New Jersey construction contractor that worked on the American Dream project.
By Allison Dunn
6 minute read
April 07, 2022 | The Legal Intelligencer
Federal Judge: Cardiologist Can Proceed With Claim That Pitt Removed Him From Leadership Post Over Affirmative Action ArticleDr. Norman Wang—a Chinese American cardiologist—alleges he was removed from his position as a cardiac fellowship program director at the University of Pittsburgh after he published an article challenging affirmative action programs.
By Allison Dunn
5 minute read
April 06, 2022 | Connecticut Law Tribune
Appeals Court: Judge Properly Excluded Trauma Treatment Guidelines From Med-Mal Trial Due to Jury's Potential 'Misunderstanding or Misapplication'"Even assuming that the excerpts met the requirements for admissibility under the learned treatise exception, we cannot conclude that the court abused its discretion in excluding them on the ground that they may have confused the jury," the appeals court said.
By Allison Dunn
7 minute read
April 05, 2022 | Law.com
Are Improperly Secured Firearms Subject to Forfeiture and Disposal? One State Supreme Court Says NoTaking a closer look at the relationship between the state's forfeiture and storage laws, the Massachusetts Supreme Judicial Court on March 31 reversed a Superior Court's order to turn over 12 improperly secured firearms found during a search warrant.
By Allison Dunn
5 minute read
April 05, 2022 | Law.com
State Appeals Court Reverses $800K Judgment Against Bar, Saying Dram Shop Statute Preempts Common Law"[The] opinion gives the hospitality industry much-needed clarity and restores an important statute that the Arizona legislature enacted," said the defendant's atorney, Eric M. Fraser of Osborn Maledon.
By Allison Dunn
8 minute read
April 04, 2022 | Law.com
Appellate Court Nixes Direct Contempt Order Against Attorney, Saying It Improperly Punished 'Completed Conduct'The attorney had initially filed a motion to continue a summary judgment hearing because it conflicted with a doctor's appointment for his one-year-old son.
By Allison Dunn
5 minute read
April 01, 2022 | Law.com
State Supreme Court Deems 'Intended to Harass' Phrase in Anti-Cyberbullying Law UnconstitutionalBoyd said that Moreno's statements were protected speech and could not be construed as true threats.
By Allison Dunn
5 minute read
March 31, 2022 | Law.com
10th Circuit Says Forcing an ATM Withdraw at Gunpoint Equals Bank Robbery, Adding to Circuit SplitThe issue boiled down to whether the stolen funds were "in the care, custody, control, management, or possession of" the bank or if the victim controlled the money at the time of the offense.
By Allison Dunn
8 minute read