Riley Brennan

January 31, 2023 | Law.com

A federal judge in Maryland awarded a plaintiff in an Individuals with Disabilities Education Act case $80,000 in attorney fees—roughly 30% of the $269,054.80 that was initially sought—after finding the bulk of the request to be unreasonable.

By Riley Brennan

5 minute read

January 31, 2023 | The Legal Intelligencer

"Ultimately, the court finds that a jury could reasonably conclude that the troopers' alleged conduct was not objectively reasonable and that the allegedly violated rights had been clearly established at the time that they killed Mr. Ardo," U.S. District Judge Edward Smith of the Eastern District of Pennsylvania wrote.

By Riley Brennan

5 minute read

January 31, 2023 | Law.com

"This case demonstrates that these are not merely academic concerns: the defendant's probation was erroneously revoked because neither the parties nor the judge focused on the fact that the defendant had never been adjudged to have the ability to pay restitution and that no payment schedule had been set before the probation department issued the probation violation notice. Worse yet, the defendant was sentenced to a period of incarceration as a result of the error."

By Riley Brennan

4 minute read

January 31, 2023 | The Legal Intelligencer

When you can and cannot send a fax was recently considered by the U.S. Court of Appeals for the Third Circuit, which ultimately concluded that the Federal Communications Commission's "free-seminar pretext theory" is inapplicable to claims brought under the Telephone Consumer Protection Act of 1991.

By Riley Brennan

6 minute read

January 30, 2023 | Law.com

The Sixth Circuit affirmed a lower court's decision rejecting Elmcroft of Sagamore Hills' attempt to move the case from Ohio state court to the U.S. District Court for the Northern District of Ohio.

By Riley Brennan

7 minute read

January 30, 2023 | Law.com

Whole Foods had argued that the masks were against the company's dress code, which applied to all employees of all races and to masks featuring logos or writing of any kind.

By Riley Brennan

6 minute read

January 30, 2023 | Law.com

Williams-Sonoma's lawsuit accusing Wayfair of copying its designs has been pared down, but a federal judge in Massachusetts said the case may continue on a single state law claim for unfair competition.

By Riley Brennan

4 minute read

January 25, 2023 | Law.com

"Contrary to the unfortunate remarks of Dr. Brackney and her attorney, the decision was made by a respected and experienced U.S. District Court judge, who considered a lawsuit of 73 pages with over 150 pages of exhibits containing facts set forth in 11 counts against 11 defendants and determined that no plausible claims had been stated," said the attorney for the defendants, David Patrick Corrigan of Harman Claytor Corrigan & Wellman, of Richmond, Virginia.

By Riley Brennan

8 minute read

January 25, 2023 | Law.com

That rule requires an insurer to defend all claims brought against an insured if at least one claim falls within the scope of the insurer's duty to defend, but the appeals said it "makes little sense" to extend that concept beyond the insurance context.

By Riley Brennan

5 minute read

January 24, 2023 | The Legal Intelligencer

"Mrs. O'Brien's interest in appealing the discovery order is no different from any party seeking to keep relevant, inculpatory evidence out of court," the appeals court said. "That interest—common to all civil defendants—does not constitute a right too important to be denied immediate review under Pa.R.A.P. 313(b)."

By Riley Brennan

4 minute read