Allison Dunn

January 30, 2023 | Law.com

"I think the case provides a good summary of the distinction between the duty of a fiduciary under an ERISA plan to provide information generally to employees and that's limited but once an employee seeks the assistance of the HR department and the HR department tells them that they're going to assist them and preserving the benefit, then the level of information that they need to provide becomes greater," said the plaintiff's attorney, Joseph P. Musacchio, of counsel for Kreindler & Kreindler in Boston.

By Allison Dunn

5 minute read

January 30, 2023 | Law.com

The Idaho Supreme Court accepted Marsh's resignation in lieu of disciplinary proceedings. She may not apply for admission to the Idaho State Bar sooner than five years from the Jan. 18. If she does apply for admission, she will be have the burden of overcoming the rebuttable presumption of the "unfitness to practice law," the order said.

By Allison Dunn

2 minute read

January 26, 2023 | Law.com

"The underlying complaint alleges that as a result of Dello Russo's faulty workmanship during renovations, the building partially collapsed, requiring the demolition of the remaining structure. In other words, the underlying complaint alleges that Dello Russo's negligence caused an accident. Accordingly, the claims against Dello Russo allege 'property damage' caused by an 'occurrence,'" the court said.

By Allison Dunn

5 minute read

January 26, 2023 | Law.com

Attorneys with Susman Godfrey, Merritt Law, and the Civil Rights Clinic of Georgetown Law are bringing additional allegations against the Fairfax County School Board and the Virginia Department of Education on behalf of families with students with disabilities, alleging that the school system was complicit in ensuring students did not receive the necessary services, according to the amended complaint filed Jan. 20.

By Allison Dunn

5 minute read

January 25, 2023 | Law.com

The insurance policy phrase "direct physical loss of or damage to" has been prominent in the news the past few years thanks to the spate of business interruption cases stemming from the pandemic, but one state high court recently had occasion to examine that policy language in a different context: cybersecurity.

By Allison Dunn

6 minute read

January 24, 2023 | Law.com

"I would never want to secure a conviction with even a remote possibility of racial bias against a defendant," Chief Deputy Prosecutor Dan LeBeau said in a statement provided to Law.com. "There was no intentional actions on my part yet I understand the court's ruling."

By Allison Dunn

7 minute read

January 23, 2023 | Law.com

The U.S. District Court of Maine has established and appointed members to the Court Operations Advisory Committee to provide recommendations on issues related to the district's ongoing response to the COVID-19 pandemic.

By Allison Dunn

2 minute read

January 23, 2023 | Law.com

Amicus briefs must be filed on or before Feb. 23 to the Clerk of the Law Court at [email protected].

By Allison Dunn

2 minute read

January 23, 2023 | Law.com

"... [E]ven if the court were to consider the full damages sought by the plaintiff through her complaint, this calculation is too speculative and falls short of demonstrating jurisdiction by a preponderance of the evidence," the court said.

By Allison Dunn

4 minute read

January 23, 2023 | Law.com

"Respondent, as the sole attorney working on these matters, and as the managing and often the only attorney in her office, was responsible for protecting client or fiduciary funds under her control, for disbursing those funds only to the person or entity entitled to receive them, for reconciling her escrow account monthly, and for ensuring that non-lawyer staff complied with the same professional obligations," the subcommittee said.

By Allison Dunn

5 minute read