In Keys v. Humana, Inc., No. 11-5472 (6th Cir. July 22, 2012) [http://www.ca6.uscourts.gov/opinions.pdf/12a0204p-06.pdf], the Sixth Circuit held that the burden shifting framework applicable to protected-class employment…more
In Keys v. Humana, Inc., No. 11-5472 (6th Cir. July 22, 2012) [http://www.ca6.uscourts.gov/opinions.pdf/12a0240p-06.pdf], the Sixth Circuit held that the burden shifting framework applicable to protected-class employment…more
In a recently decided case, the United States Court of Appeals for the Eleventh Circuit addressed the issue of what status a dissolved corporation has when deciding if diversity jurisdiction exists. Holston Investments, Inc…more
In a recent decision, the U.S. Supreme Court confirmed the "narrow scope of taxable costs." In Taninguchi v. Kan Pacific Saipan. Ltd., 132 S.Ct. 1997 (2012), Justice Alito examined whether 28 U.S.C. ยง 1920(6), the Court…more
In Simmons v. Novartis, 11-5053 (Not Recommended for Full-Text Publication), the Sixth Circuit affirmed the district court's decision granting summary judgment after Plaintiff failed to establish specific causation for claimed…more
Periodically, banks confront cases or threats of litigation that could do serious damage. These so-called "bet-the-company" cases require trial counsel skilled in handling complex matters. When a serious lawsuit is threatened,…more
In a recently issued opinion, the U.S. Supreme Court held that attorney hired to perform an internal investigation was entitled to seek the protection of qualified immunity. Filarksky v. Delia, 132 S.Ct. 1657 (2012). The case…more
The Sixth Circuit Court of Appeals ruled recently that the "May 20, 2010 Order of the Kentucky Supreme Court disbarring [Melbourne] Mills from the practice of law is sufficient basis for precluding coverage under [professional…more
The increasingly common practice of "trolling", which is a distince effort to evoke emotion over the internet, has the potential to cause serious injury to people harassed. As the opportunity for tortious conduct spanning…more
In the case, Mediacom Southeast LLC v. BellSouth Telecommunications, Inc. d/b/a AT&T Kentucky, No. 10-6117 (2012), the United States Court of Appeals for the Sixth Circuit recently issued an opinion addressing the Iqbal and…more
Imagine if you spent your whole career trying to get into the big game, then magically your day comes - you will be playing in the Super Bowl! It would be a dream come true. But imagine if there were no cameras to record the…more
In June 2011, Ohio law governing public construction projects changed for the first time in 134 years. This law, known as Ohio Construction Reform (OCR), provides for new methods of construction delivery. Design build is one…more
Large punitive damages verdicts by nature warrant careful analysis. They frequently implicate constitutional scrutiny under the Due Process Clause of the Fourteenth Amendment. Therefore, state courts, including Kentucky, have…more
Just this past summer, the Hacker "Anonymous" released reams of information stolen from the FBI. Anonymous reportedly did this to embarrass ManTech, the contractor that handles the FBI's cyber-security. This bold attack shows…more
Leading jurist and legal scholar Robert Posner, of the United States Court of Appeals for the Seventh Circuit, is know for his writings on law and economics. He can also be a harsh critic of attorneys. In Monica del Carmen…more
