April 11, 2023 | Law.com
Eighth Circuit Rejects Student-Athlete's 'Unreasonable,' Delayed Attempt to Revive Men's Gymnastics Team"In any event, it is important what today's decision does not say. The court declined to address the merits of Mr. Ng's constitutional and Title IX claims, so the case will proceed in the district court. We are confident that the University's use of statistical quotas to limit athletic opportunities for student-athletes will ultimately be shown to be unlawful discrimination," said the plaintiff's attorney, Caleb R. Trotter, of the Pacific Legal Foundation.
By Riley Brennan
5 minute read
April 11, 2023 | Law.com
Lack of 'Status in Virginia' Left Plaintiffs 'Without Authority' in Wrongful Death Suit, Judge RulesA federal judge dismissed wrongful death, survival and emotional distress claims brought by a father and child over the death of their their fiancé and mother, respectively, determining they lacked standing in Virginia and had failed to properly allege physical injury.
By Riley Brennan
4 minute read
April 11, 2023 | Law.com
Citing Improper Jury Instruction and Lack of Evidence, Iowa High Court Nixes Discrimination Verdict Against LandlordAn incorrect jury instruction led Iowa's highest court to reverse a verdict against a landlord accused of discriminatory conduct. In an April…
By Riley Brennan
6 minute read
April 11, 2023 | Connecticut Law Tribune
Law Firm's COVID-19 Business Interruption Claim Barred by Virus Exclusion, Judge SaysA federal judge in Connecticut determined that a virus exclusion in an insurance policy bars law firm Kennedy Hodges & Associates and the owner of its office building from bringing a business interruption insurance claim against Twin City Fire Insurance Co. over COVID-19-related losses.
By Riley Brennan
7 minute read
April 11, 2023 | Law.com
'Lemon Law' Doesn't Require Manufacturer to Pay Pre-Litigation Attorney Fees, Says Virginia High Court"The Lemon Law does permit a recovery of reasonable attorney's fees, but only when a consumer (1) has suffered a violation of the Lemon Law, and (2) brings a successful action to enforce his or her rights," said the court.
By Riley Brennan
4 minute read
April 10, 2023 | Law.com
South Dakota Supreme Court Denies Banking Mogul's Request to Redact Warrants Before Public ReleaseAccording to Chief Justice Steven R. Jensen, this was the second appeal T. Denny Sanford, a South Dakota billionaire banker and philanthropist, challenged as he was being investigated for his alleged possession of child pornography.
By Riley Brennan
7 minute read
April 10, 2023 | Law.com
Parents Not Entitled to Monetary Damages After DCYF Improperly Kept Reports Against Them, Says Washington CourtDespite holding that the Washington Department of Children, Youth, and Families failed to properly destroy records pertaining to an investigation into a family, the Washington Court of Appeals held the family was not entitled to monetary damages.
By Riley Brennan
5 minute read
April 07, 2023 | Law.com
Insurers' Internal Evaluations Don't Establish 'Undisputed' Benefits Owed, Says Colorado CourtA Colorado appeals court reversed a lower court's ruling that had been based on an insurer's internal settlement evaluation, after determining that such an evaluation doesn't establish an "undisputed" amount of benefits owed.
By Riley Brennan
6 minute read
April 06, 2023 | The Legal Intelligencer
Rule 11 Violations 'Require' Sanctions, Says Third CircuitThe federal appeals court affirmed the majority of a Delaware district court's ruling, determining that the court hadn't abused its discretion in finding the plaintiffs had violated Rule 11 by filing for an improper purpose and alleging claims without factual support.
By Riley Brennan
5 minute read
April 06, 2023 | Law.com
Federal Judge Rejects Request to Treble Damages, Attorney Fees in Medical Device Infringement Case Against DePuyA federal judge in Massachusetts has denied a plaintiff's request for an increase of nearly $50 million in damages and fees, after concluding that medical device business DePuy Synthes Products hadn't engaged in "egregious infringement behavior" that warranted "a punitive or vindictive sanction."
By Riley Brennan
4 minute read
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