June 13, 2023 | The Legal Intelligencer
Eckert Seamans' Motion to Dismiss Pace-O-Matic's Breach of Fiduciary Duty Claim Partially GrantedU.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 LeaveThis 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
June 12, 2023 | Law.com
8th Circuit Upholds District Court's Order: MS Claims Against Manufacturing Plant Time-Barred by Texas Law, Not MissouriOn appeal, in a June 5 opinion written by Judge L. Steven Grasz, the court concluded that as Missouri was the forum state, Missouri's statute-of-limitations rules applied, and that Knapp's argument that the district court had erred in concluding his claims "originated" in Texas under Missouri's borrowing statute centered around the statute.
By Riley Brennan
5 minute read
June 12, 2023 | Law.com
Courtroom U-Turn: Utility Company Owed Duty of Care to Man Injured in Crash Involving Stolen VehicleIn the case before the Washington Court of Appeals, there was a "very narrow duty not to leave one's motor vehicle running with the door open, on a roadway, while leaving the vehicle unguarded out of sight, when an unknown individual is nearby and it is foreseeable that the person might steal the vehicle." Judge Bernard F. Veljacic wrote, finding a utility company owed a duty of care to a man seriously injured in a crash involving a stolen work vehicle.
By Riley Brennan
4 minute read
June 09, 2023 | Law.com
8th Circuit Affirms Denial of Coverage for Complication Resulting From Bariatric Surgery, a 'Non-Covered Expense'"Because Shafer's plan specifically excludes coverage of treatment for complications of weight-reduction surgery, neither Iowa law nor the ACA require that his treatment be covered," Judge Raymond W. Gruender wrote on behalf of the court.
By Riley Brennan
5 minute read
June 09, 2023 | Law.com
In Insurance Premium Row, Washington Court Finds Online Pet Services Network 'Rover' Isn't Employer of Providers on Its Site"We acknowledge that this case involves a 'grey area' between a person who clearly is a worker and a person who clearly is not. However, we conclude under the specific facts of this case that the pet service providers were not working under an independent contract with Rover," the court wrote.
By Riley Brennan
6 minute read
June 09, 2023 | Law.com
Playing Sexually Derogatory Music at Work Can Constitute Sex Discrimination, 9th Circuit Rules"Although we have not before addressed the specific issue of music-as-harassment, this court and our sister circuits have recognized Title VII redress for other auditory offenses in the workplace and for derogatory conduct to which all employees are exposed," the court said.
By Riley Brennan
6 minute read
June 09, 2023 | Law.com
8th Circuit Sides With Walmart in Class Action, Reversing Remand to State CourtThe Eighth Circuit reversed a lower court's order remanding a case to the state court, as it determined Walmart had showed the amount in controversy exceeded $5 million.
By Riley Brennan
4 minute read
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