July 14, 2023 | Law.com
Shook Hardy, Representing CVS, Removes Breach-of-Contract Suit Over COVID-19 Masks to Federal CourtWorld Tech Toys, a toy manufacturer and distributor seeks over $10 million in allegedly unpaid invoices for COVID-19 face masks from CVS Pharmacy. This…
By Riley Brennan
5 minute read
July 14, 2023 | Law.com
Ballard Spahr, Davis Wright Step In to Defend CNN, Hearst and Sinclair From Student's Defamation SuitThis suit was first surfaced by Law.com Radar.
By Riley Brennan
5 minute read
July 13, 2023 | The Legal Intelligencer
3rd Circuit Clarifies Federal Jurisdiction Over Magnuson-Moss Warranty Class ActionsThe U.S. Court of Appeals for the Third Circuit has clarified that neither the Class Action Fairness Act (CAFA) nor traditional diversity requirements can serve as a basis for federal jurisdiction over Magnuson-Moss Warranty Act (MMWA) class actions.
By Riley Brennan
8 minute read
July 13, 2023 | Corporate Counsel
Tech Firms Slow to Ditch 'Stack Ranking,' Despite Evidence It Saps Worker Morale, ProductivityThe employee-review system, which results in 10% of workers being classified as low performers, has appeal in the analytically inclined tech industry. But critics say it invites arbitrary judgments and bias.
By Riley Brennan
4 minute read
July 11, 2023 | Law.com
Virginia Appellate Court Split Over UIM-Insurer's Statutory Subrogation Right"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
OpenAI, Meta Hit With Copyright Infringement Suit by Authors Over Alleged Training on Their Copyrighted MaterialsComedian 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
District Court Seeks Connecticut Supreme Court's Guidance on 'Surprise Billing Law' in Dispute Between ER Physicians, Insurer"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
Appellate Court Sides With Law Firm in Dismissing Objections to It Representing Estate, Plaintiff Claims 'Unethical Advantage'"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
$11M Settlement Reached With Philadelphia Child Welfare Services Agency Over Infant's Traumatic Brain InjuryThe 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
Recreational or Beach Access?: Oregon Court of Appeals Weighs in on Whether City Can Claim Immunity in 'Ocean to Bay Trail' InjuryThe 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
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