The obvious preference for the average person is never to be involved in litigation. For those forced to become party to a lawsuit, however, the dream then becomes prevailing on a motion for summary judgment. With such a...more
Robinson v. Cleveland, 8th Dist. Cuyahoga No. 112798, 2024-Ohio-969 - A Cleveland police officer was stopped at a stop light. Without turning on his lights and sirens, he checked for oncoming traffic and advanced through the...more
The four civil cases decided by the Supreme Court on 15 December 2023 hang together by a focus on minimalism and, in three of them, dissenting opinions by Justice Earls. Based on the current composition of the Supreme Court,...more
The same day that the U.S. District Court for the Southern District of New York (SDNY) in SEC v. Ripple Labs, Inc. denied the SEC's request for an interlocutory appeal of the bombshell summary judgment ruling in the case, the...more
In AT&T Mobility, LLC v. Rigney, 3D21-2261 (Fla. 3d DCA Sept. 6, 2023), Florida’s Third District Court of Appeal reviewed the denial of two motions for sanctions under section 57.105, Florida Statutes. In its ruling, the...more
Court: Court of Appeal of Florida, First District - The decedent, Joan Smith, died from mesothelioma allegedly caused by secondary exposure to asbestos through laundering her husband’s work clothing. From 1969 through...more
Fifth Circuit precedent recognizes the “general consensus among courts” that regular, in-person work is an essential function of most jobs. Yet the continued viability of this premise has been in question, given the ability...more
Jurisdiction: Court of Appeal of Louisiana, Fourth Circuit - In April 2018, Emily Everett complained to her primary care physician of severe abdominal swelling. After extensive workup, Everett received a diagnosis of...more
In 2018, an investment professional sued the firm he co-founded for wrongful termination and federal privacy law violations associated with the former employer’s remote accessing into a desktop computer it had purchased for...more
The Pennsylvania Superior Court recently issued two decisions that present challenges to defendants in prevailing at summary judgment in asbestos cases....more
Court: United States District Court for the Northern District of California - This asbestos-related lawsuit alleges that the decedent, Roberto Elorreaga, developed mesothelioma from exposure to asbestos-containing...more
The Eleventh Circuit Court of Appeals reversed a district court’s summary judgement order, granting a chocolate shop franchisor’s breach of contract and unfair competition claims. The appellate court concluded there were...more
Supreme Court of New York, New York County - Plaintiff Jane Wixted, individually and as executrix of the estate of decedent Thomas Wixted, filed the instant lawsuit claiming that the decedent was exposed to asbestos in...more
Jurisdiction: Superior Court of Pennsylvania - Richard and Pamela Shellenberger filed a lawsuit to recover damages from several defendants, including Mr. Shellenberger’s employers — Kreider Dairy Farms Inc. and Noah W....more
This week, the Court addresses the definition of “financial advisory services” under the Consumer Financial Protection Act and whether a plaintiff’s allegations of First Amendment violations plausibly stated a claim under...more
United States District Court for the Eastern District of Louisiana, September 23, 2022 - In April 2020, Paul Hotard (“decedent”) received a mesothelioma diagnosis despite never handling or working with asbestos-containing...more
Court of Appeal of Louisiana, Fourth Circuit, September 28, 2022 - In this asbestos action, John Brindell (“Brindell”) allegedly contracted mesothelioma as a result of working as a mechanic for Puerto Rico Marine...more
United States District Court for the Eastern District of Louisiana, September 8, 2022 - Plaintiff Ora Jean Adams alleges she developed lung cancer from secondhand asbestos exposure from laundering the clothing of her...more
Supreme Court of New York, County of Erie , August 25, 2022 - In this asbestos action, plaintiff Eric Cislo alleged take-home exposure to asbestos from his father’s work with Bison boilers from 1969 until the early...more
Supreme Court of New York, New York County, June 15, 2022 - In this asbestos action, decedent Anastasios Katechis alleged exposure to asbestos from joint compound he used as a painter for Mamais Construction from 1967 to...more
Overview- The Court of Appeal for Ontario has confirmed that a public company acted properly and lawfully when it decided not to disclose to the investing public an opinion received from an external consultant that...more
U.S. District Court for the Eastern District of Louisiana, July 25, 2022 - As previously reported on the Asbestos Case Tracker, this matter stems from decedent Callan Cortez’s take-home exposure to asbestos, from his...more
Most litigators have at least a passing familiarity with the "sham affidavit" doctrine, under which an affidavit submitted in opposition to summary judgment that without explanation flatly contradicts the affiant's prior...more
This month, there were two new complaints filed at the ITC, including complaints filed by Velodyne Lidar USA, Inc. (Certain Rotating 3-D LiDAR Devices, Components Thereof, and Sensing Systems Containing the Same, Inv. No....more
S.G. v. Norristown Area S.D., No. 20-1682, 2021WL 6063122 (E.D. Pa. Dec. 22, 2021) (Federal court allowed a discrimination claim of part-time teacher to proceed arising from a school district’s practice of hiring internal...more