April 05, 2023 | The Legal Intelligencer
Judge: Approved Applicants Have Standing to Sue Over PPP Loans They Allegedly Never ReceivedThe plaintiffs have alleged that they applied, through Prestamos, for PPP loans under the Coronavirus Aid, Relief and Economic Security Act (CARES Act) but never received the proceeds.
By Riley Brennan
6 minute read
April 04, 2023 | The Legal Intelligencer
Denying Equitable Estoppel Argument, Federal Judge Refuses to Kick Rite Aid Fraud Class Action to ArbitrationScavello originally brought a putative class action for fraud and related claims, alleging that the corporation made false representations when submitting insurance claims for prescription drugs.
By Riley Brennan
7 minute read
April 04, 2023 | The Legal Intelligencer
Federal Judge Grants Plaintiffs' Attorney Fees Despite Election Challenge Ultimately Being Dismissed as Moot"Their votes were counted, and no decision from this court can change that," U.S. District Judge Joseph F. Leeson Jr. of the Eastern District of Pennsylvania wrote. "Therefore, the plaintiffs received judicially sanctioned relief, the precise relief they requested when bringing suit, which materially altered their legal relationship with the Board."
By Riley Brennan
4 minute read
April 04, 2023 | Law.com
Kang Haggerty Escapes Ex-Clients' Breach-of-Fiduciary Claim, But Contract Action ContinuesA federal judge in Pennsylvania sided with Kang Haggerty on former clients' counterclaim of breach of fiduciary duty, but allowed breach-of-contract claims from both sides to proceed.
By Riley Brennan
5 minute read
April 04, 2023 | Law.com
Right to Remain Silent Could Lead to Loss of Parental Rights, Rules Washington Supreme CourtThe Washington State Supreme Court affirmed the termination of a mother's parental rights, holding it hadn't been a Fifth Amendment violation for the court to "draw a negative inference from the mother's refusal to answer specific questions about her drug use."
By Riley Brennan
4 minute read
April 04, 2023 | The Legal Intelligencer
Three Philadelphia Plaintiffs Firms File Class Action Over Delaware River Chemical SpillThe complaint, filed March 31 in the Philadelphia Court of Common Pleas, was first surfaced by Law.com Radar.
By Riley Brennan
4 minute read
April 03, 2023 | Law.com
US Forest Services Properly Consulted With Landowners Amid Monthslong Blaze, Says 9th Circuit"The panel concluded that determining how to consult with private landowners while the Lolo Peak fire raged was precisely the type of decision the discretionary function exception was designed to shield, and the landowners' claims were thus barred by the discretionary function exception," wrote Judge McKeown.
By Riley Brennan
5 minute read
April 03, 2023 | Law.com
Appeals Court Sides With Law Firm in Legal-Mal Suit by Ex-Client Who Received $6M Settlement in Underlying Case"Because the plaintiffs did not proffer admissible evidence on damages, summary judgment should have entered for the defendants," the court said.
By Riley Brennan
6 minute read
March 31, 2023 | Law.com
State Appellate Court Calls for New Trial: Omitting 'If/Then' Language From Proposed Med-Mal Jury Instruction Was Prejudicial"Here, we agree with the estate that instruction sixteen as presented to the jury misled the jury by its phrasing. By omitting the operative 'if/then; language from the proposed instruction, the instruction transformed from an instruction asking the jury to decide whether an alternative approved method of treatment was used (which, if so found, would preclude a negligence finding) to an instruction directing the jury that Cloos did employ an alternative approved method of treatment and was not negligent," Judge Paul B. Ahlers wrote.
By Riley Brennan
4 minute read
March 31, 2023 | Law.com
School District's COVID-19 Quarantine Policy Unfairly Targeted Unvaccinated Students, State High Court RulesAmid multiple dissenting opinions, a majority of Oklahoma's high court ruled that a school district violated state law with its COVID-19 quarantine policy for unvaccinated students.
By Riley Brennan
7 minute read
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