News & Analysis as of

Summary Judgment

When is a Question of Fact NOT a Question of Fact?

His light was red, swore the nuns. My light was green, slurred the drunk. Question of fact, ruled the judge. Summary judgment, denied. If cases were that simple, our courts wouldn’t have enough to do. Trial court motion...more

Seventh Circuit Affirms Dismissal of Hospital Foreclosure Claims with Judge Posner Asking, “What is More Common Than Exclusive...

by Reed Smith on

The Seventh Circuit, on June 9, 2017, affirmed summary judgment against a hospital’s antitrust claims that it was substantially foreclosed from the market by its rival’s exclusive contracts with payors. The panel concluded...more

Court Puts the Brakes on Whistleblower's FCA Parking Claims

by Baker Ober Health Law on

The Department of Justice (DOJ) reports that, in fiscal year 2016 ending September 30, it obtained more than $4.7 billion in settlements and judgments from civil cases involving fraud and false claims. More than half of this...more

Safety Agency Applies Federal Law To Bar Employer Safety Violation Citation - Agency’s Application of 5th Circuit Appeals Court...

by Fisher Phillips on

The federal agency that reviews OSHA safety violation cases, also known as the OSH Review Commission, recently adopted the decision of one of its Administrative Law Judges who applied 5th Circuit precedent to reject a safety...more

“You Can’t Beat Something with Nothing”: 7th Cir. Explains the Importance of Disclosing Experts

by Foley & Lardner LLP on

Some cases present issues that are difficult for the parties to litigate or for the courts to decide. But those cases tend to be the exception. Much of litigation—at least when practiced successfully—requires the mastery of a...more

Owners Beware: Washington Appellate Court Holds Playing ‘Gotcha’ With Project Submittal Review Could Breach the Duty of Good Faith...

by Pepper Hamilton LLP on

Nova Contr., Inc. v. City of Olympia, No. 48644-0-II, 2017 Wash. App. LEXIS 913 (Ct. App. Apr. 18, 2017) - This case arose out of a public project in which the City of Olympia (“City”) hired Nova Contracting, Inc. (“Nova”)...more

Iowa Supreme Court Recognizes Wrongful Birth Action

by Faegre Baker Daniels on

On June 2 the Iowa Supreme Court expressly recognized the right of parents to sue for wrongful birth. Pam and Jeremy Plowman allege the following: Pam underwent ultrasound in week 22 of her pregnancy. The radiologist’s...more

Fourth Circuit Holds No Title VII Retaliation Claim When Employer Fires An Employee On Mistaken Belief The Employee Lied About...

by DeWitt Law, LLC on

Employers investigating Title VII discrimination claims should take some comfort, based on a recent Fourth Circuit case, that if they terminate an employee for making a false claim after a good-faith investigation, they will...more

Deeper Dive: Meeting the FCA’s Intent Requirement

by Bass, Berry & Sims PLC on

The FCA continues to be the federal government’s primary civil enforcement tool for investigating allegations that healthcare providers or government contractors defrauded the federal government. In the coming weeks, we will...more

Court Grants Summary Judgment After Plaintiff’s Spoliation Motion Denied: eDiscovery Case Law

by CloudNine on

In Taylor v. Thrifty Payless, Inc., d/b/a Rite-Aid, No. 16-00474 (D. Oregon, May 12, 2017), Oregon District Judge Marco A. Hernandez granted the defendant’s motion for summary judgment after denying the plaintiff’s request...more

Court Rejects Motion To Seal Summary Judgment Exhibits When Moving Party Fails To Provide Sufficient Factual Justification For...

by Carlton Fields on

Utica Mutual Insurance Company’s request that numerous exhibits filed in support of summary judgment be sealed has been rejected by a federal district court, which found that Utica’s general statements about the documents...more

California Court Of Appeal Rejects Citizens Group Nuisance Case Regarding Sea Lion Stench

Citizens for Odor Nuisance Abatement v. City of San Diego, 8 Cal. App. 5th 350 (Cal. Ct. App. 2017). The Fourth Appellate District of the California Court of Appeal concluded that the City of San Diego could not be held...more

District Court deference to PTAB regarding priority claim? Not necessarily.

by Jones Day on

In instituting IPR of a particular patent, the PTAB found that the patent was not entitled to its priority claim, thus opening it up to invalidity attacks. However, because the PTAB’s decision was not being challenged in the...more

Seventh Circuit OKs Exclusive Network Agreements Between “Must-Have” Hospital and Health Insurers

by Mintz Levin on

In an opinion written by Judge Posner, the Seventh Circuit on Friday gave its stamp of approval to a “must-have” hospital’s bargaining to exclude competitors from certain narrow-network payor contracts in and around Peoria,...more

4th Circuit sets a match to battalion chief's First Amendment claims

by McNair Law Firm, P.A. on

Lately, we’ve been seeing more cases in which public-sector employees accuse their governmental employer of violating the First Amendment to the U.S. Constitution. Such claims can arise in many ways, but with the...more

Court Holds That Fiduciary Duties Did Not Arise In A Licensing Transaction

by Winstead PC on

In Jacked Up, LLC v. Sara Lee Corp., Jacked Up entered into a licensing agreement whereby Sara Lee would produce and sell energy drinks developed by Jacked Up. No. 15-11019, 2017 U.S. App. LEXIS 7311 (5th Cir. April 25,...more

A Cautionary Tale for Healthcare Providers: Are You Actually Providing Effective Communication Under the ADA and the...

by K&L Gates LLP on

The Eleventh Circuit, in Silva v. Baptist Health South Florida, Inc., recently addressed a healthcare provider’s obligation to provide effective communication, through appropriate auxiliary aids and services, to persons with...more

Antitrust Suit Against Michigan Hospital Moves Forward As Both Sides Denied Summary Judgment

by Mintz Levin on

A federal district court denied summary judgment motions brought by both sides in the government’s antitrust suit against a Michigan hospital alleging an agreement not to compete in violation of Section 1 of the Sherman Act....more

Cover All Your Bases in ITC Discovery

by Jones Day on

Certain Access Control Systems and Components Thereof, Inv. No. 337-TA-1016 (May 31, 2017), is a good lesson in covering all your bases. Relying on a non-infringement decision by ALJ Pender, respondents assumed that they did...more

A One-Two-Three Inning

by Reed Smith on

With the Phillies stinking the joint out – off to their worst start since World War II – and both of Boranian’s local teams in last place, too (not as deeply buried as the Phillies), use of baseball imagery might seem a bit...more

Who Says Ignorance of the Law Is No Excuse?

by Faegre Baker Daniels on

If you think that ignorance of the law is no excuse, take a look at the Eleventh Circuit’s opinion in US ex rel. Phalp v. Lincare Holdings. It leaves no doubt that in a False Claims Act case, ignorance can be a solid defense....more

Refusal to Rescind a Voluntary Resignation is not an Adverse Employment Action

by Low, Ball & Lynch on

Ruth Featherstone v. Southern California Permanente Medical Group - California Court of Appeal, Second Appellate District (April 19, 2017) - Plaintiff alleged that while working for Southern California Permanente...more

No Similarly Situated Employees, No Claim: Vanderbilt Prevails on Summary Judgment in Professor’s Sex Discrimination Lawsuit

Last week the Sixth Circuit upheld a grant of summary judgment in the employer’s favor on a former employee’s sex discrimination claim, finding plaintiff failed to meet her burden to establish a prima facie case of...more

Mandatory Arbitration Provision does not Block Avis TCPA Class Action (for now)

by Klein Moynihan Turco LLP on

Last week, the United States District Court for the District of New Jersey denied Avis Rent A Car System, L.L.C.’s (“Avis”) motion to compel arbitration in a putative Telephone Consumer Protection Act (“TCPA”) class action. ...more

Ruling Eases Lenders’ Path to Deficiency Judgments in NC

Winning a deficiency judgment following foreclosure may become less costly for lenders following a May 5 ruling by the North Carolina Supreme Court in United Community Bank v. Wolfe. Reversing a previous ruling by the Court...more

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