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Appeals › Summary Judgment › Misrepresentation

Freiberger Haber LLP

Summary Judgment Granted Because Reliance on Defendants’ Alleged Misrepresentations Was Not Justifiable

Freiberger Haber LLP on

The justifiable reliance element has been described as a “fundamental precept” and a “venerable rule”. The requirement is one of the five elements of a fraud cause of action: (1) a misrepresentation or a material omission of...more

Proskauer - California Employment Law

At-Will Employees May Sue Their Employer For Misrepresentation Of Intended Job Duties

Proskauer - California Employment Law on

A recent California Court of Appeal decision confirms that a California employer may be liable to an at-will employee who relocates to accept a new employment position, when the employer’s description of the kind or character...more

Rivkin Radler LLP

Insurance Update - May 2021

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We bring you our May Insurance Update. In this month’s update: •The Minnesota Supreme Court considers an issue of first impression over the reasonableness of settlement agreements that fail to allocate between covered and...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor - October 2020: Second Circuit Allows Breach of Fiduciary Duty Claim to Proceed Based on Misrepresentation...

Hinshaw & Culbertson LLP on

In Sullivan-Mestecky v. Verizon Communs. Inc., 961 F.3d 91 (2d Cir. 2020), the Second Circuit held that a claim under Section 502(a)(3) of ERISA could proceed, where the beneficiary pled that the plan and its agents...more

Bradley Arant Boult Cummings LLP

Fifth Circuit Rejects Title VII Transgender Protection, but Grants Summary Judgment on Other Grounds

Bradley Arant Boult Cummings LLP on

In Wittmer v. Phillips 66, Judge James Ho of the Fifth Circuit wasted no time stating the Fifth Circuit’s position on whether sexual orientation or transgender status are protected classes under Title VII – they are not....more

Holland & Knight LLP

Food and Beverage Law Update: December 2018

Holland & Knight LLP on

Regulation - FDA-USDA Propose Joint Regulatory Framework for Cell-Grown Meat - On Nov. 16, 2018, the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA) issued a joint statement...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

Schwabe, Williamson & Wyatt PC on

Berkheimer v. HP Inc., Appeal No. 2017-1437 (Fed. Cir. Feb. 8, 2018) - In Berkheimer v. HP Inc., the Federal Circuit reviewed the District Court’s summary judgment finding that certain claims of a patent were invalid as...more

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