Marianna Wharry

February 08, 2022 | Law.com

In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit followed Second Circuit guidance in concluding that exigent circumstances can justify law enforcement's access to a defendant's cellphone "pings," or GPS location, and call logs—even after failing to obtain a warrant.

By Marianna Wharry

6 minute read

February 07, 2022 | Daily Business Review

A structural engineering firm will have to face its insurers' claims that they have no obligation to defend the firm from lawsuits filed due to the collapse of the Champlain Towers South Condominium in Surfside, a federal judge ruled Feb. 3.

By Marianna Wharry

5 minute read

February 04, 2022 | Law.com

The appeals court upheld a preliminary injunction aimed at preventing confusion between the Trial Lawyers College and a rival faction's new competing program, but reversed an order requiring the removal of two sculptures bearing the TLC logo from the ranch where the organization previously operated.

By Marianna Wharry

5 minute read

February 04, 2022 | New Jersey Law Journal

The U.S. Court of Appeals for the Third Circuit revived a mother's suit claiming a nurse at a state-operated New Jersey psychiatric facility left her in danger because she "abandoned her" during a visit with her mentally ill son, who then assaulted her.

By Marianna Wharry

3 minute read

February 01, 2022 | Law.com

Georgian chess player Nona Gaprindashvili, 80, filed a complaint in September 2021 alleging that Netflix made false statements about her in the popular Netflix show "The Queen's Gambit." The suit was first surfaced by Law.com Radar.

By Marianna Wharry

4 minute read

February 01, 2022 | Law.com

Attorneys whose practices focus on representing parties in Title IX investigations said the Third Circuit's recent ruling against Millersville University potentially makes it more difficult for institutions of higher learning to cast off responsibility for sexual misconduct that occurs on their campuses.

By Marianna Wharry

6 minute read

February 01, 2022 | Law.com

"[I]t would be unreasonable to conclude that Title IX gives educational institutions adequate notice that accepting federal education funds imposes on them liability for what happens between students off campus, unconnected to any school event or activity," the majority said.

By Marianna Wharry

3 minute read

January 28, 2022 | Law.com

"Given that Nevada's prison regulation prevents Johnson from praying according to his faith, it has substantially burdened his religious exercise," Judge Patrick J. Bumatay wrote for the panel. "Nevada also fails to show that its regulation is the least restrictive means of furthering its compelling interest."

By Marianna Wharry

3 minute read

January 26, 2022 | Daily Business Review

The family of an autistic man in Central Florida filed a wrongful death lawsuit against a group home facility and its owners after the man died while allegedly being improperly restrained by staff.

By Marianna Wharry

3 minute read

January 26, 2022 | Law.com

The Washington State Court of Appeals, confronting the issue for the first time and taking cues from several federal courts, has ruled that arbitration agreements can be applied retroactively.

By Marianna Wharry

5 minute read