Riley Brennan

April 17, 2023 | Law.com

The West Virginia Supreme Court of Appeals dismissed the Commissioner of the West Virginia Division of Motor Vehicles' claims that the Office of Administrative Hearings erred in refusing to give weight to diagnostic blood test results for the purposes of an aggravated DUI enhancement.

By Riley Brennan

4 minute read

April 14, 2023 | Law.com

West Virginia's highest court dismissed correctional officers' petition for qualified immunity, agreeing with a plaintiff-prisoner that his claims of excessive force against the officers should be heard by a jury.

By Riley Brennan

4 minute read

April 14, 2023 | Law.com

"No Oregon appellate court, state statute, or treatise has yet interpreted the phrase 'direct physical loss or damage' in the context of a commercial property insurance policy dispute involving COVID-19 allegations," the Ninth Circuit panel wrote. "Therefore, we find it prudent to allow the Oregon Supreme Court to do so in this instance."

By Riley Brennan

5 minute read

April 13, 2023 | The Legal Intelligencer

The Superior Court affirmed a trial court ruling, denying the state's motions to refile criminal charges against a SEPTA officer under each criminal docket, after determining prosecutors had failed to present prima facie evidence that the officer had attempted to cause or caused serious bodily injury to victims with a deadly weapon.

By Riley Brennan

4 minute read

April 12, 2023 | Law.com

Following an $8 million civil rights judgment his favor, a former Massachusetts prisoner and his Chicago-based counsel at Loevy & Loevy were awarded an additional $743,395.87 in attorney fees and costs.

By Riley Brennan

8 minute read

April 11, 2023 | Law.com

"In any event, it is important what today's decision does not say. The court declined to address the merits of Mr. Ng's constitutional and Title IX claims, so the case will proceed in the district court. We are confident that the University's use of statistical quotas to limit athletic opportunities for student-athletes will ultimately be shown to be unlawful discrimination," said the plaintiff's attorney, Caleb R. Trotter, of the Pacific Legal Foundation.

By Riley Brennan

5 minute read

April 11, 2023 | Law.com

A federal judge dismissed wrongful death, survival and emotional distress claims brought by a father and child over the death of their their fiancé and mother, respectively, determining they lacked standing in Virginia and had failed to properly allege physical injury.

By Riley Brennan

4 minute read

April 11, 2023 | Law.com

An incorrect jury instruction led Iowa's highest court to reverse a verdict against a landlord accused of discriminatory conduct. In an April…

By Riley Brennan

6 minute read

April 11, 2023 | Connecticut Law Tribune

A federal judge in Connecticut determined that a virus exclusion in an insurance policy bars law firm Kennedy Hodges & Associates and the owner of its office building from bringing a business interruption insurance claim against Twin City Fire Insurance Co. over COVID-19-related losses.

By Riley Brennan

7 minute read

April 11, 2023 | Law.com

"The Lemon Law does permit a recovery of reasonable attorney's fees, but only when a consumer (1) has suffered a violation of the Lemon Law, and (2) brings a successful action to enforce his or her rights," said the court.

By Riley Brennan

4 minute read