News & Analysis as of

Summary Judgment

Beware the Rumor Mill: Massachusetts Court Finds Reporting of Rumored Office Romance May Be Protected Activity

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A Massachusetts federal court has found that reporting a rumored office romance and complaining about paramour favoritism can be protected activity that is protected by anti-retaliation laws. The court also...more

A Frustrating Exercise: Federal District Court In Iowa Declines To Grant Summary Judgment On Frustration Of Purpose Doctrine In A...

by Pepper Hamilton LLP on

Rembrandt Enters., Inc. v. Dahmes Stainless, Inc., No. C15-4248-LTS, 2017 U.S. Dist. LEXIS 144636 (N.D. Iowa Sept. 7, 2017) - On September 7, 2017, the Federal District Court for the Northern District of Iowa denied a...more

Assumption of Risk Continues To Be A Reliable Liability Shield For Participants In Recreational Activities

by Selman Breitman LLP on

California courts continue to apply the assumption of risk doctrine at the summary judgment level in decisions that preserve the rights of Californians to participate in recreational activities without the threat of adverse...more

Pay Equity Litigation – Even winning can be expensive!

by Fisher Phillips on

The Third Circuit’s affirmation of summary judgment in a pay equity case after ten years of litigation shows that even non-meritorious claims can be time-consuming and costly. As many who have been involved in lawsuits know,...more

Michele Molinario and Justin Ackerman Obtain Summary Judgment On Roadway Design Case

On April 22, 2013, a traffic accident occurred at a rural Intersection in Yuma County, Arizona. The Intersection was equipped with STOP signs and flashing warning signs that controlled eastbound and westbound traffic along...more

No Voluntary Dismissal for Plaintiffs, and a Summary Judgment Win for Defendants, in Central District of California Risperdal Case

by Reed Smith on

In the mass torts world in which we find ourselves, glimmers of jurisprudential light can seem few and far between. Two things we love are good warnings causation decisions and sneaky plaintiffs getting caught at their own...more

Employer ADA Test Conundrum? Seventh Circuit Flip Flops on ADA Accommodation Ruling

by LeClairRyan on

The Seventh Circuit ruled that an employee’s extended medical leave request was “categorically unreasonable” under the ADA. However, what should an employer do when one of the Seventh circuit judges writes that prior decision...more

11th Circuit Affirms FTC's $13.5 Million Judgment Against Mortgage Relief Fraudster

by Ballard Spahr LLP on

On November 2, 2017, the U.S. Court of Appeals for the 11th Circuit affirmed a $13.5 million judgment that the FTC obtained against a group of individuals, law firms, and related entities that engaged in a massive nationwide...more

Judge Sweet Allows a Plaintiff to Amend Its Complaint More Than 2 Years After It Was Originally Filedtheat

On October 26, 2017, District Judge Robert W. Sweet (S.D.N.Y.) granted plaintiff Olaf Soot Design, LLC (“OSD”) leave to amend its June 25, 2015 Complaint against Daktronics, Inc. and Daktronics Hoist, Inc. (collectively,...more

Unanimous Supreme Court Scolds Lower Court Over Appellate Deadline Rule - Translation: Sick SCOTUS Burn Over Hyper - Technical...

by Fisher Phillips on

In a unanimous decision, the U.S. Supreme Court ruled today that a federal procedural rule that allows a district court to extend an appeal deadline by no more than 30 days is a non-jurisdictional, mandatory claims processing...more

Ninth Circuit Paves Way for Regulation of Stormwater Discharges Under RCRA

by Perkins Coie on

The Ninth Circuit recently ruled that the Resource Conservation and Recovery Act’s (RCRA) anti-duplication provisions under 42 USC § 6905 do not apply in the absence of a stormwater discharge permit issued under the Clean...more

Ninth Circuit Paves Way for Regulation of Stormwater Discharges Under RCRA

by Perkins Coie on

The Ninth Circuit recently ruled that the Resource Conservation and Recovery Act’s (RCRA) anti-duplication provisions under 42 USC § 6905 do not apply in the absence of a stormwater discharge permit issued under the Clean...more

The Age-Old Question Revisited: When Is a Container Considered a Package Under COGSA?

by Holland & Knight LLP on

Just when we thought the question of “What Is a Package?” had been addressed ad nauseum, the United States District Court for the Southern District of New York took another look at the issue....more

Human Intervention Means Program Not ATDS, Illinois Court Rules

Human intervention to make calls on behalf of the defendant ruled out the use of an automatic telephone dialing system (ATDS), an Illinois federal court judge has ruled, granting summary judgment in favor of the defendant....more

Standing to Sue for Copyright Infringement: No Bright Line Rule for Stock Photo Agencies

by McDermott Will & Emery on

Affirming a grant of summary judgment in favor of copyright defendants, the US Court of Appeals for the Ninth Circuit took up the “often litigated issue” of whether a stock photography agency has standing under the Copyright...more

FMLA Care Leave Rights Expire Upon Relative's Death

The Family and Medical Leave Act entitles eligible employees to up to 12 weeks of unpaid leave per year for, among other things, care of a spouse, parent, or child with a serious health condition (SHC). What happens to these...more

Don’t Make a Habit of it, but Sometimes, Ignorance IS Bliss

by Dorsey & Whitney LLP on

As a general rule, of course, Human Resources Departments and company management want to be – and should be – well-informed about issues in the workplace, including employees unhappy enough to have raised claims of...more

USDOL Appeals Ruling Against Its "Overtime Rule" (Updated 10/31/17)

by Fisher Phillips on

The U.S. Department of Labor, on October 30th has filed a notice that it is appealing September's summary-judgment ruling against the compensation-related changes the agency sought to make in regulations defining the federal...more

Second Circuit Affirms Exclusion of Plaintiffs’ Experts – and Summary Judgment for Defendant – in Mirena MDL

by Reed Smith on

As we write this, our fair city remains in a blissful haze following our Eagles’ 33-10 rout of the 49’ers to go 7-1 in the NFC East, so it might be appropriate to call today’s opinion a “touchdown.” On the other hand, the...more

Attorney’s Expert’s Affidavit on Causation Sufficiently Detailed to Withstand Summary Judgment

by Hinshaw & Culbertson LLP on

Starwood Management, LLC by and through Norma Gonzalez v. Don Swaim and Rose Walker, LLP, Texas Supreme Court Number 16-0431 (September 29, 2017) - Brief Summary - The Texas Supreme Court overturned the trial court and...more

Trick or Treat: DOL and Texas AFL-CIO File Appeal Notices in Overtime Lawsuit

On October 30, 2017, the U.S. Department of Labor (DOL) and the Texas AFL-CIO both filed Notices of Appeal in a highly-watched case involving the invalidation of controversial federal overtime regulations that had been...more

Littoral Rights/Lakefront: Florida Appellate Court Addresses Damage Action for View Obstruction

The District Court of Appeals of Florida (“Appellate Court”) addressed in an October 20th opinion a dispute between adjacent lakefront neighbors related to construction of a dock and walkway. See HagertySmith, LLC v....more

Third Circuit Bats Away Employer's Flexible Time Break Policy

Department of Labor regulations issued under the Fair Labor Standards Act (29 C.F.R. § 785.18) state that any break time less than 20 minutes for nonexempt employees is considered compensable working time. Earlier this month,...more

“Where’s the Beef?” Says Appeals Court, Reversing LLC Dissolution

by Farrell Fritz, P.C. on

A dissolution petitioner received the judicial equivalent of the old quip “Where’s the beef?” in a Brooklyn appeals court decision last week reversing an order dissolving a limited liability company under Section 702 of the...more

Missouri Appellate Court’s Holding That Sex Discrimination May Be Based on Sex Stereotyping Offers Some Protections for LGBT...

by Littler on

In Lampley, et al. v. Missouri Commission on Human Rights, the Missouri Court of Appeals held that sex stereotyping can form the basis of a sex discrimination claim when the complaining party is gay, but should not be...more

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