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Marianna Wharry

Marianna Wharry

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April 21, 2023 | Law.com

Washington Governor Removes Unconstitutional Death Penalty From State Law

Washington state Gov. Jay Inslee signed Senate Bill 5087 into law Thursday and repealed a number of state laws, including the state's invalid death…

By Marianna Wharry

2 minute read

April 20, 2023 | Law.com

Lower Court Improperly Granted Sovereign Immunity in Environmental Clean-Up Suit, State High Court Rules

"The nature of the entity's activity—not just whether the entity is incorporated under state or tribal law should remain an important consideration when determining whether to extend immunity," Justice Beth Baker wrote for the majority.

By Marianna Wharry

4 minute read

April 20, 2023 | Law.com

Factual Dispute Not Grounds to Bar Doctor's Expert Testimony in Product Liability Suit, Washington Appeals Court Holds

The Washington State Court of Appeal reversed and remanded a products liability suit against Hyland's Naturals on Monday after determining that the trial court improperly applied the Frye standard to exclude testimony from a doctor who concluded that the company's tablets "'more likely than not'" caused the death of a 13-month-old child.

By Marianna Wharry

3 minute read

April 13, 2023 | Law.com

1st Circuit Reverses Vacatur of $3.3M Arbitration Award in Peru-New Balance Dispute

The U.S. Court of Appeals for the First Circuit has reversed a lower court's ruling after determining that an Ecuadorian businessman and his Peruvian…

By Marianna Wharry

3 minute read

April 13, 2023 | Law.com

Unsettled Law in Massachusetts: Can an Insurer Recoup Defense Costs Provided to an Insured?

"Similarly concluding that an insurer's refusal to defend while admitting that it has the duty to do so makes out G. L. cc. 93A and 176D claims, we vacate so much of the judgment as dismissed the unfair business practices claims," Associate Justice Joseph M. Ditkoff wrote for the panel.

By Marianna Wharry

6 minute read

April 10, 2023 | Law.com

Circuit Court Misapplied Medical Liability in Wrongful Death Suit, Failed to Account for Immunity Laws, State High Court Finds

Morris' estate claimed that the physicians should have recognized Morris' symptoms of potential aortic dissection and should have ordered additional imagery or surgery to prevent his death.

By Marianna Wharry

4 minute read

April 06, 2023 | Law.com

Former Wyoming District Attorney Disbarred for 'Complete Refusal' to Perform Her Duties

A "chaotic" workplace, the mass dismissal of criminal cases and misrepresentations to the public led the Wyoming Supreme Court to disbar a former district attorney Tuesday. The state's high court issued a disbarment order for former Laramie County District Attorney Leigh Anne G. Manlove that is set to go into effect next month. In its 71-page opinion, the court agreed with the hearing panel's findings that Manlove violated her duties of competence and diligence required as a prosecutor.

By Marianna Wharry

5 minute read

April 04, 2023 | Law.com

Eighth Circuit Sides With Employer in Pay Discrimination Suit, Plaintiff's Attorney Plans to Request Rehearing

"The panel failed to decide the intra-circuit split squarely presented to it by my client and the EEOC as amicus, on the question of whether a single comparator is sufficient to state a prima facie case under the Equal Pay Act," Attorney Matthew Ghio, of St. Louis, represented the plaintiff. "Instead, the panel chose to assume that question away and decide the affirmative defense question not addressed by the trial court, where the company would have the burden of proof in front of a jury."

By Marianna Wharry

4 minute read

March 31, 2023 | Law.com

EEOC: Walmart Faces ADA Suit for Allegedly Denying Deli Employee Disability-Related Leave

"We have been a top employer for those with disabilities for years and have thousands of associates who perform their jobs with reasonable accommodation. We don't tolerate discrimination of any kind and take allegations like this seriously. We are reviewing the complaint and will respond in court as appropriate once we are served," a spokesperson for Walmart told Law.com.

By Marianna Wharry

2 minute read

March 30, 2023 | Law.com

Federal Judge Allows Fair Housing Act Violation to Proceed Against Bank of America

"There is overwhelming evidence in this case of Bank of America's racially discriminatory maintenance and marketing of its foreclosed, bank-owned homes," Attorney Jessica Weber, of Brown Goldstein and Levy in Baltimore, said on behalf of the plaintiffs. "We look forward to obtaining justice and holding Bank of America and its maintenance vendor Safeguard accountable for their discriminatory practices."

By Marianna Wharry

3 minute read