Riley Brennan

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September 12, 2024 | Law.com

Loyola University Chicago Facing Third Title IX Complaint for 'Systemically Mishandling' Sexual Misconduct Reports

"Loyola has shown deliberate indifference to known acts of sexual assault and harassment for at least the past decade," the complaint said.

By Riley Brennan

5 minute read

September 10, 2024 | The Recorder

A Sliver of Forever Chemical Allegations Allowed to Proceed Against Prime Hydration Beverage, Judge Rules

"Castillo alleges that the dangerous chemicals present in the Grape Sports Drink compromised its safety and fitness for consumption The FAC states that PFAS found in Defendant's product are 'poisonous or deleterious' and 'indisputably linked to negative health consequences.' Further, the PFOA and PFOS found in the product exceed the EPA's recommended limit for drinking water. These allegations are sufficient at this stage," wrote U.S. District Judge Araceli Martínez-Olguín.

By Riley Brennan

4 minute read

September 10, 2024 | Law.com

In Social Media-Related Suits, Courts Must Apply Discovery Rule on Case-by-Case Basis, Mass. Justices Say

"Given how 'vast' the social media universe is on the Internet, and how access to, and the ability to search for, social media posts may vary from platform to platform and even from post to post, that determination requires consideration of the totality of the circumstances regarding the social media posting, including the extent of its distribution, and the accessibility and searchability of the posting," Chief Justice Scott L. Kafker said.

By Riley Brennan

4 minute read

September 06, 2024 | The Legal Intelligencer

Federal Judge Cuts $20M Punitive Damages Award to $1M Over Constitutionality Concerns

"The court's opinion makes it clear that the conduct of the defendant was reprehensible. The court reduced the amount of punitive damages, not because of the nature of the conduct, or because of the court's own feelings about the conduct, but rather on its analysis of Supreme Court law on the constitutionality of the ratio between compensatory and punitive damages," said the plaintiff's attorney, Jamie Bordas of Bordas & Bordas in Pittsburgh.

By Riley Brennan

4 minute read

September 06, 2024 | Law.com

Federal Judge Greenlights Birkenstock's Claims Against 'Knock-Off' White Mountain Sandals, Clogs

While the court has found Birkenstock has met its burden from the pleading standpoint in the early stages of the litigation, the defendants say Birkenstock won't be able to prove its case on the merits, said White Mountain's New York-based attorney Edmund J. Ferdinand III of Meister Seelig & Fein.

By Riley Brennan

4 minute read

September 06, 2024 | Law.com

Families of Plane Crash Victims Cleared to Proceed in Negligence Suit Against Flight Training Group

"Yes, the crash occurred in Cuba. But the alleged conduct that allegedly caused the injury—Global One's alleged negligent training and instruction—happened in Florida. Moreover, Global One is incorporated in and has its principal place of business in Florida. The majority of the plaintiffs are Cuban citizens, and none are Illinois citizens, which weakens the case's connection to Illinois," U.S. District Judge Edmond E. Chang of the Northern District of Illinois said.

By Riley Brennan

4 minute read

September 05, 2024 | Law.com

Illinois Appellate Court Rejects Law Firm's Reliance on Arbitration Provision, Clearing the Way for Malpractice Action

"The arbitration provision at issue here was drafted by defendants and was never discussed with plaintiff. While defendants discussed several of the other material terms of the attorney-client agreement with plaintiff—such as the amount of the fee, the nature of a contingent fee agreement, and the intended scope of work—defendants never mentioned anything about the arbitration clause," Justice Nathaniel R. Howse Jr. said.

By Riley Brennan

4 minute read

September 03, 2024 | The Legal Intelligencer

Case Remanded to Philadelphia Court: Addressing Circuit Split, Federal Judge Rejects FiberCel Manufacturers' Fraudulent-Misjoinder Claims

"A closer examination of this split reveals that the circuits also differ on the precise contours of the doctrine. For example, courts disagree on whether state or federal joinder law governs the analysis and whether something beyond mere misjoinder is necessary to support a claim of fraudulent misjoinder," wrote U.S. District Judge Jeffrey L. Schmehl for the Eastern District of Pennsylvania.

By Riley Brennan

4 minute read