Riley Brennan

July 11, 2023 | Law.com

"The Court reasoned that subrogation, by definition, requires that the subrogee obtain the right to proceed against a third party and that the non-duplication provision provided no such right. Accordingly, the reimbursement provision was not prohibited by statute," Judge Robert J. Humphreys wrote for the majority. "For purposes of this case, Reynolds Metals Co. contradicts Kirkpatrick's argument that USAA retains some subrogation right against Brown. Reynolds Metals Co. directly states that an insurer's right to reimbursement from its insured is not equivalent to their right of subrogation against the defendant."

By Riley Brennan

8 minute read

July 10, 2023 | Law.com

Comedian and actress Sarah Silverman, novelist Richard Kadrey, and horror writer Christopher Golden filed the class action complaint in the U.S. District Court for the Northern District of California against OpenAI and Meta Platforms for direct copyright infringement, vicarious copyright infringement, violations of 17 U.S.C. Section 1202(b) of the Digital Millennium Copyright Act, unjust enrichment, violations of the California and common law unfair competition laws, and negligence.

By Riley Brennan

5 minute read

July 10, 2023 | Connecticut Law Tribune

"Thus, regardless of whether this Court were to allow, or not allow, the instant action, such a decision would likely have significant effects on litigation surrounding laws regulating insurance in Connecticut. Such a decision is more properly issued by the Connecticut Supreme Court, after an appropriate weighing of the issues involved. Thus, the second factor also favors certification," the court said.

By Riley Brennan

7 minute read

July 10, 2023 | Connecticut Law Tribune

"Accordingly, although we agree with the plaintiff that her appeal from the Probate Court's order denying her application for reconsideration would have been timely had she challenged the merits of the court's denial of her motion, we conclude that, on appeal to the Superior Court, the plaintiff solely challenged the Probate Court's order overruling her objection and did not challenge its order denying her application for reconsideration," the court said.

By Riley Brennan

7 minute read

July 07, 2023 | The Legal Intelligencer

The suit, filed by the child's adoptive mother, alleged Tabor provided inadequate in-home safety and case management services, allowing the abuse to occur and resulting in quadriplegia and blindness in the infant, requiring lifetime skilled care.

By Riley Brennan

3 minute read

July 07, 2023 | Law.com

The appellate court agreed with Fields, finding there were issues of material fact existing from her use of the trail, and that the city wasn't entitled to prevail on the recreational immunity defense as a matter of law. It further agreed that the trail in question wasn't an unimproved access trail entitled to immunity under ORS 105.688(1)(c). And as whether the immunity applied to the trail as land adjacent to the ocean shore under (1)(a) was still undetermined, the court concluded material issues of fact existed.

By Riley Brennan

5 minute read

July 07, 2023 | Law.com

The U.S. Court of Appeals for the Sixth Circuit reversed a ruling denying religious recognition to a white supremacy religious group, previously labeled "explicitly racist" by the court, within prisons in the state of Michigan.

By Riley Brennan

6 minute read

July 05, 2023 | Law.com

This complaint was first surfaced by Law.com Radar.

By Riley Brennan

4 minute read

July 05, 2023 | Law.com

This complaint was first surfaced by Law.com Radar.

By Riley Brennan

4 minute read

July 05, 2023 | Law.com

"State records must be accurate and reflect the truth as defined in state law. A birth certificate is a record of what happened at the moment a baby came out of the womb. That baby weighed a specific amount and was a specific sex," Kobach said in a news release.

By Riley Brennan

4 minute read