Allison Dunn

March 28, 2023 | Law.com

"Worthy's tractor-trailer needed more distance to stop than Le Doux's Ford traveling at the same speed. Because of this key difference, the Court is of the opinion that Le Doux and Worthy were not operating their vehicles under the same circumstances, and thus, the issue of whether the weather conditions may have equally negated the alleged negligence of Le Doux and Worthy is also a question of fact for the jury," Senior Judge Norman K. Moon concluded.

By Allison Dunn

6 minute read

March 28, 2023 | Law.com

A federal judge in Maryland adopted a magistrate's recommendation in full, awarding a plaintiff in a breach-of-contract action $786,565 in fees and costs, approximately 25% less than the requested amount due to apparent duplication of efforts between old and new counsel.

By Allison Dunn

5 minute read

March 27, 2023 | Law.com

Three attorneys were reappointed to continue serving as members of the Advisory Committee on Rules of Civil Procedure, the Maine Supreme Judicial Court…

By Allison Dunn

1 minute read

March 24, 2023 | Law.com

"Photographers are in this impossible position of being snobs about their work and not posting, to being labeled opportunists and copyright trolls because they take offense when people copy their image without getting paid," said David C. Deal, founder and principal attorney at The Law Office of David C. Deal in Charlottesville, Virginia. "At no point are we ever going to apologize for getting compensated for the work."

By Allison Dunn

8 minute read

March 20, 2023 | Law.com

"Merely alleging a daily monitoring function and the participation in the preparation of public statements does not allow this Court to infer that Volkswagen AG 'collaborated with the authors to such an extent that they controlled the [press release's] publication,'" Alston wrote, citing the Second Circuit's 2022 holding in Noto v. 22nd Century Grp. Inc. "In other words, the Amended complaint does not sufficiently allege that Individual Defendants and VWGoA more broadly 'lacked final control over the [press release's] contents or did not make the ultimate decision as to what specific information to include.

By Allison Dunn

6 minute read

March 15, 2023 | Law.com

"Here, Estep contends that his accident occurred while he was loading his car with luggage, which was part of a greater mission of returning home to Chesapeake with that luggage," Judge Frank K. Friedman wrote on behalf of the majority. "Simply put, transporting luggage is a valid and expected use of a vehicle, and one cannot transport the baggage without first packing the vehicle."

By Allison Dunn

5 minute read

March 15, 2023 | Law.com

The U.S. Court of Appeals for the First Circuit rejected a defendant's claims that a judge in Massachusetts improperly relied on "personal observations about his own, private gun collection" during a probation violation hearing when determining that at least one weapon shown in a video was a real firearm.

By Allison Dunn

5 minute read

March 14, 2023 | Law.com

"[T]he policy's requirement that the speech directed at government officials 'be respectful and courteous, [and] free of rude ... remarks' appears to cross the line into viewpoint discrimination: allowing lavish praise but disallowing harsh criticism of government officials," the court wrote.

By Allison Dunn

6 minute read

March 08, 2023 | Law.com

"We therefore conclude that the circuit court erred in finding the ELE inapplicable to Neice's action against Dana Mining. Under the language of the applicable ELE endorsement, we find that Neice's claim arises out of Mr. Neice's employment with 'any insured,' i.e., Mepco LLC, and the policy therefore excludes coverage for Neice's action against Dana Mining," Justice William R. Wooton wrote on behalf of the West Virginia Supreme Court.

By Allison Dunn

5 minute read

March 07, 2023 | Law.com

The full Massachusetts Supreme Judicial Court heard oral arguments Monday on whether a wrongful death claim is time-barred if the statute of limitations for personal injury claims had already expired at the time of death.

By Allison Dunn

5 minute read