September 06, 2024 | Law.com
Federal Judge Greenlights Birkenstock's Claims Against 'Knock-Off' White Mountain Sandals, ClogsWhile the court has found Birkenstock has met its burden from the pleading standpoint in the early stages of the litigation, the defendants say Birkenstock won't be able to prove its case on the merits, said White Mountain's New York-based attorney Edmund J. Ferdinand III of Meister Seelig & Fein.
By Riley Brennan
4 minute read
September 06, 2024 | Law.com
Families of Plane Crash Victims Cleared to Proceed in Negligence Suit Against Flight Training Group"Yes, the crash occurred in Cuba. But the alleged conduct that allegedly caused the injury—Global One's alleged negligent training and instruction—happened in Florida. Moreover, Global One is incorporated in and has its principal place of business in Florida. The majority of the plaintiffs are Cuban citizens, and none are Illinois citizens, which weakens the case's connection to Illinois," U.S. District Judge Edmond E. Chang of the Northern District of Illinois said.
By Riley Brennan
4 minute read
September 05, 2024 | Law.com
Illinois Appellate Court Rejects Law Firm's Reliance on Arbitration Provision, Clearing the Way for Malpractice Action"The arbitration provision at issue here was drafted by defendants and was never discussed with plaintiff. While defendants discussed several of the other material terms of the attorney-client agreement with plaintiff—such as the amount of the fee, the nature of a contingent fee agreement, and the intended scope of work—defendants never mentioned anything about the arbitration clause," Justice Nathaniel R. Howse Jr. said.
By Riley Brennan
4 minute read
September 03, 2024 | The Legal Intelligencer
Case Remanded to Philadelphia Court: Addressing Circuit Split, Federal Judge Rejects FiberCel Manufacturers' Fraudulent-Misjoinder Claims"A closer examination of this split reveals that the circuits also differ on the precise contours of the doctrine. For example, courts disagree on whether state or federal joinder law governs the analysis and whether something beyond mere misjoinder is necessary to support a claim of fraudulent misjoinder," wrote U.S. District Judge Jeffrey L. Schmehl for the Eastern District of Pennsylvania.
By Riley Brennan
4 minute read
August 30, 2024 | Texas Lawyer
Class Action Claims American Airlines Implemented 'Unsustainable' Sales Plan Causing Stock to TankThis complaint was first surfaced by Law.com Radar, ALM's source for immediate alerting on just-filed cases in state and federal courts.
By Riley Brennan
4 minute read
August 29, 2024 | Law.com
Judge Sides With Study Abroad Organization, Dismissing Student's Refund Request After Program Changes During PandemicA federal judge in Illinois dismissed a college student's request for a partial refund after a European study abroad program was cut short because…
By Riley Brennan
3 minute read
August 29, 2024 | The Legal Intelligencer
Judge Voids Default Judgment Against Amazon Due to Procedural Error, Grants Extra Time for Proper ServiceAmazon's counsel with Campbell Conroy & O'Neil filed their appearances and asked the court to vacate the default judgment and to dismiss the plaintiffs' complaint, arguing the company wasn't properly served within 90 days of the complaint being filed. Rather, Amazon claimed the plaintiffs sent a request for waiver of service, to which Amazon did not reply.
By Riley Brennan
3 minute read
August 28, 2024 | The Legal Intelligencer
Plaintiff's Allegations Over Value in Consumer Class Action Backfire in Effort to Keep Suit in Pa. State Court"The court need look no further than Mr. Fitchett's own words. Mr. Fitchett suggests that the issue class ruling he seeks would bring all putative class members to the 'five-yard line' on potential UTPCPL claims."
By Riley Brennan
4 minute read
August 27, 2024 | The Legal Intelligencer
Kline & Specter Files Products Liability Suit Against QVC, Manufacturer for Allegedly Defective Pressure CookerDespite the owner's manual stating the cooker's built-on safety valves prevent this explosion, Grooms claims it failed as a dangerous amount of pressure built up inside the product.
By Riley Brennan
3 minute read
August 26, 2024 | The Legal Intelligencer
Repo Dispute Heads to Court After Fed. Judge Rejects Application of Pa. Appellate Ruling That Raised Standards for Binding ArbitrationThe ruling marks the second time this month that a Pennsylvania federal court has rejected a plaintiff's attempts to invalidate an arbitration agreement based on the July 2023 Pennsylvania Superior Court ruling in Chilutti v. Uber.
By Riley Brennan
4 minute read
