March 20, 2023 | Law.com
State High Court Rejects Insurance Company's 'Physical Abuse' Definition for Abuse and Molestation ExclusionThe SJC looked to an identical Dorchester Mutual Insurance policy in the case of Dorchester Mutual Insurance v. Krusell, holding in 2020 that the term "physical abuse" as used in the policy exclusion was ambiguous.
By Riley Brennan
4 minute read
March 20, 2023 | The Legal Intelligencer
Pa. Superior Court: Hospitals Can Be Held Liable for Refusing Voluntarily Inpatient Treatment Without Written Application"While the MHPA requires a written application to begin the involuntary examination process, it does not require a written application to begin voluntary inpatient examination and treatment," the court said. "Thus, facilities such as Geisinger and Alley may be held liable for refusal to provide voluntary inpatient examination and treatment to a person who submits himself for examination and treatment when the refusal constitutes willful misconduct or gross negligence.
By Riley Brennan
4 minute read
March 17, 2023 | Connecticut Law Tribune
Connecticut Class Action Over Banana Boat Sunscreen Floats OnA federal judge in Connecticut ruled to partially allow a class action over benzene in Banana Boat products to proceed.
By Riley Brennan
6 minute read
March 17, 2023 | The Legal Intelligencer
Paid Time Off Isn't Part of Salary, Says 3rd Circ. in Matter of First ImpressionThe federal appeals court affirmed a ruling by the U.S. District Court for the Middle District of Pennsylvania, holding that defendant Bayada hadn't made improper deductions from the plaintiffs' salaries, as paid time off was not part of an employee's salary under the Department of Labor's salary basis regulations.
By Riley Brennan
5 minute read
March 17, 2023 | Law.com
9th Cir. Finds Legging Company's Argument Has Legs, Vacates Class Certification OrderThe U.S. Court of Appeals for the Ninth Circuit court vacated an order granting class certification to Alaska citizens who had purchased LuLaRoe products and been charged an incorrect sales tax, remanding the decision for the district court to reassess whether the plaintiff had met her burden of proving by a preponderance of the evidence that common issues predominated over questions affecting only individual members.
By Riley Brennan
9 minute read
March 16, 2023 | The Legal Intelligencer
Ex-Trader Joe's Employee's Retaliation Claims Allowed to Proceed Against CompanyJarmon asserted claims of racial discrimination and retaliation, alleging numerous racist incidents and comments at numerous store locations he was transferred between, and eventually, as he alleges, being terminated as a form of retaliation after the company learned he had filed a civil action against them.
By Riley Brennan
6 minute read
March 15, 2023 | Law.com
Citing 'Ample State and Federal Authority,' Federal Judge Declines to Certify COVID-19 Business Interruption Question to State High CourtA federal judge in Virginia court joined the ranks of other federal courts around the country on the issue of COVID-19 business interruption coverage, refusing to reconsider her previous ruling that the coronavirus did not cause "physical loss or damage" and declining to certify the question to the Virginia Supreme Court.
By Riley Brennan
4 minute read
March 13, 2023 | Law.com
9th Cir. Says Parents Can Sue for Loss of Companionship of Adult Children, but Still Dismisses Mother's Claim"Although we have never expressly expounded on the question, we have recognized implicitly that parents maintain a constitutionally protected liberty interest in the companionship of their adult children," the court said.
By Riley Brennan
8 minute read
March 13, 2023 | Daily Business Review
Judge Sinks Smith Maritime's Motion to Dismiss Employment Suit, Keeping Seaman's Claims AfloatA federal judge in Florida denied an ocean towing and salvaging services company's motion to dismiss negligence lawsuits filed by a former employee who alleges he was severely injured on duty and later terminated after filing personal injury claims against the company.
By Riley Brennan
5 minute read
March 13, 2023 | Law.com
Virginia Citizens Cannot File Lawsuits Seeking Attorney Disbarments, Appeals Court Rules"The Commonwealth's statutory scheme does not grant the Circuit Court of Louisa County the power to disbar attorneys—and the court lacked authority to grant Spanos the relief he desires," the appeals court ruled.
By Riley Brennan
5 minute read
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