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Riley Brennan

Riley Brennan

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June 14, 2023 | Law.com

State Appellate Court Considers Whether a Petitioner Must First Show a Witness Will Be Unavailable to Secure Order for Presuit Deposition

"There is no evidence any of the Ecology witnesses pose a specific risk of unavailability. The record is silent as to their age, health, and future life plans," Pennell said. "Thus, the Board has not met its burden of establishing a need to perpetuate witness testimony under CR 27."

By Riley Brennan

4 minute read

June 14, 2023 | Law.com

First Circuit Sides With Vitamin Shoppe: Plaintiffs' State Law Claims Against Glutamine Supplement Preempted by Federal Law

"In sum, because the contested statements about glutamine on Vitamin Shoppe's labels describe glutamine's effect on the human body's structure or function or explain how glutamine maintains that structure or function, they are structure/function claims under § 343(r)(6)(A)," First Circuit Judge Silvia Carreño-Coll wrote.

By Riley Brennan

7 minute read

June 14, 2023 | The Legal Intelligencer

Pennsylvania Judge Sides With Voters After Their Midterm 2022 Votes Were Disqualified, in Two Related Cases

In two related cases, a Pennsylvania district court sided with voters and organizational plaintiffs who challenged the disqualification of undated and incorrectly dated mail-in ballots.

By Riley Brennan

7 minute read

June 14, 2023 | Law.com

Montana Sues the National Association of Attorneys General, Looks to Determine State's Share of Assets

"Montanans deserve a full accounting of their money being managed by NAAG. For the last year, I've been raising concerns over NAAG's financial mismanagement, but they have been unable to account for Montana's public funds and are not following state law. As promised, I'm taking them to court to hold them accountable to Montanans," Montana Attorney General Austin Knudsen said in an emailed statement.

By Riley Brennan

4 minute read

June 13, 2023 | The Legal Intelligencer

Jeffrey Goodman: Work on Condo Collapse Accord Earns Him Praise

"We assembled a world class team of structural engineers, geotechnical engineers, hydrologists and other types of experts," said Goodman. "We then had to create by far the most complex protocols I've ever seen as to how the investigation would work."

By Riley Brennan

7 minute read

June 13, 2023 | Law.com

Federal Suit Allowed to Proceed Against Renovation Company Following 'Release of Lead Paint Residue' in Family's Home

The Menericks sought damages for the counts in relation to the renovation and restoration of their nearly 200-year-old Abingdon, Virginia, home, alleging that Salem Heritage, which was originally hired to renovate and restore windows at the house, did not disclose that they were not licensed to work in Virginia, nor did they disclose that they were not possess the requisite lead certifications.

By Riley Brennan

5 minute read

June 13, 2023 | The Legal Intelligencer

Eckert Seamans' Motion to Dismiss Pace-O-Matic's Breach of Fiduciary Duty Claim Partially Granted

U.S. District Judge Jennifer P. Wilson of the Middle District of Pennsylvania granted in part and denied in part Eckert Seamans Cherin & Mellott's motion to dismiss their client Pace-O-Matic Inc.'s breach of fiduciary complaint against the firm.

By Riley Brennan

8 minute read

June 13, 2023 | Law.com

8th Circuit Finds Death Row Inmate Has Standing to Sue State Officials for Allegedly Failing to Turn Over Key Evidence That Could Prove Innocence

"The defendants here are not immune from suit under the Eleventh Amendment because Johnson seeks prospective declaratory and injunction relief and has alleged a sufficient connection between the defendants and Act 1780's enforcement," Judge Jane Kelly wrote on behalf of the court. "The Sevier County Prosecuting Attorney and the Director of the State Crime Lab have a sufficient connection because they possess and control evidence that Johnson seeks to test, and they have refused to provide it to him."

By Riley Brennan

6 minute read

June 12, 2023 | Law.com

Union Workers File Federal Employment Lawsuit Against Southwest Airlines, Alleging Violations of Paid Sick Leave

This complaint was first surfaced by Law.com Radar.

By Riley Brennan

4 minute read

June 12, 2023 | Law.com

Putative Class Action Launched Against Geico for Alleged Secret Reporting of Video-Watcher's Data to Google

"When Plaintiff watched videos on the Website, Defendants disclosed information that allowed Google (and any ordinary person) to readily identify Plaintiff's video-watching behavior," the complaint filed in U.S. District Court in Los Angeles alleges.

By Jason Grant | Riley Brennan

3 minute read