After 45 years as precedent for Freedom of Information Act (FOIA) Exemption 4, National Parks & Conservation Association v.
Most CGL policies cover physical injury to a property, which may include the loss of use of the property or loss of use of a property that is not physically injured. Thee Sombrero, Inc, a commercial property owner, successfully sued Crime Enforcement Services, a private security service for Sombrero’s nightclub, for breach of contract and negligence. CES’s insurance company, Scottsdale, denied coverage.
The United States Patent and Trademark Office (USPTO) denied Erik Brunetti’s application to register “FUCT” as a mark in 2011 because the mark is a “vulgar term”, which is prohibited. Brunetti appealed to the Trademark Trial and Appeal Board, which affirmed the USPTO. Brunetti took his case then to the Federal Circuit.
Springboards to Education, Inc., launched a literacy program entitled “Read a Million Words campaign” in 2005. They marketed the program to school districts. In 2008, Houston Independent School District (HISD) implemented a similar program called “Houston ISD Millionaire Club”.
Human Health Benefit Plan of Louisiana found itself in the middle of larger antitrust action in which it was not an active party. During the discovery phase of a lawsuit where University Health Shreveport and Vantage Health Plan, Inc., alleged Willis-Knighton Medical Center engaged in anticompetitive practices, plaintiffs learned of documents between Humana and Willis-Knighton. Humana initially refused to comply with subpoenas for documents and was eventually compelled by the court to produce those documents.
In 2019 Supreme Court cases to watch, we find the question of whether a Jones Act seaman can assert a claim for punitive damages in conjunction with a claim for unseaworthiness. The Ninth Circuit affirmed a district court ruling that plaintiff Christopher Batterton could assert a claim for punitive damages after suffering permanent disability while working as a deckhand. In a similar case, the Fifth Circuit ruled punitive damages could not be recovered under the Jones Act or general maritime law.
To dismiss an action with prejudice, a court must show “the failure to comply with the court order is the result of purposeful delay or contumacious conduct and the district court first employs lesser sanctions”.
For eight years Curtis Burton served as CEO of Buccaneer Resources LLC, an oil exploration and production company. By 2014, Buccaneer’s secured creditor, Meridian Capital CIS Fund held all of Buccaneer’s senior debt. Just before Buccaneer filed for bankruptcy in May 2014, it terminated Burton which he claims was a violation of his contract. Burton also claims Meridian forced Buccaneer to fire him and filed a claim alleging tortious interference with a contract.
Counsel for American Airlines emailed a settlement offer to the counsel of a passenger suing for injuries allegedly sustained on an AA flight. The plaintiff’s counsel responded with approval of the settlement, then, less than a month later, attempted to reverse their approval. AA filed a motion to Enforce Settlement Agreement. The judge in the case agreed with AA, although all terms of the settlement had not been discussed a yes by the plaintiff’s counsel bound the plaintiff to the agreement.
KPMG, LLC, provided annual auditing services for Singing River, a community hospital owned by Jackson County. In 2013, Singing River hired Horne, LLP, for their annual audit instead. Horne’s audit showed KPMG’s prior annual audits “had resulted in an $88,000,000 overstatement of Singing River’s accounts receivable” and an employee pension plan underfunded by around $150 million. Singing River and Jackson County filed a separate breach of contract, negligence and professional malpractice cases against KPMG.
The Equal Employment Opportunity Commission and US Department of Justice go head to head on whether Title VII applies to discrimination against individuals based on gender identity.
Is an elected official’s Facebook page their private page or a public site? A federal appellate court says it depends on how it’s used. Phyllis Randall, the Chair of the Loudoun County, Virginia Board of Supervisors, set up a Facebook page identifying herself as a government official and listing her public title as well as contact information for her office on the page. Her posts from the page are addressed to her constituents and she encouraged conversation between her constituents on her page until one of them, Brian Davison, posted content with which she disagreed.
 “Unreasonable” administrative expenses and a failure to monitor investment options will cost Duke University $10.65 million. Duke settled the claim with participants in the University’s 403(b) plan who alleged the University breached their ERISA duties. Schlichter Bogard & Denton, the St.
Federal Arbitration Act § 1 does not cover “contracts of employment” with “workers engaged in foreign or interstate commerce.” Dominic Oliveira and a group of other drivers relied on this exception when New Prime Inc., an interstate trucking company, sought to compel arbitration in their claim for owed wages. The Supreme Court determined § 1’s  “contract of employment” applies broadly to any agreement to perform work.
What’s a reasonable accommodation for absences due to disability? For a Cargill Meat Solutions employee, it was 194 days of missed work over a twelve month period. Cargill accommodated employee Sheena Lipp’s needs due to an incurable lung disease for more than two years. Her accommodations included lifting assistance, limited work hours and a clean working environment. Cargill allowed her additional time off work for sick days and allowed her additional leave time of nine months to care for her ailing mother.
The credibility of a witness sways jurors decisions. A witness’s account of events is so important Federal Rule of Civil Procedure 32(a)(4)(E) only allows a deposition to be used in place of a live witness when “exceptional circumstances make it desirable”. When Chelsea Swearingen sued her former employer, Gillar Home Health Care. L.P., for wrongful termination, Gillar filed a motion to use a key witness’s deposition instead of requiring her to appear in person.
Following much study and years of test flights and pilot programs, State Farm received the Federal Aviation Administration’s first national waiver to conduct drone operations over people and flights beyond the pilot’s visual line of sight. State Farm received short term waivers limited to specific geographic areas to survey damage from hurricanes in 2018.
The Supreme Court reversed Fifth Circuit precedent in one of its first decisions of 2019, Henry Schein, Inc. v. Archer & White Sales, Inc. Archer sought monetary damages and injunctive relief when it sued Henry Schein for violation of federal and state antitrust laws.
“Magical unicorn poop” made an appearance in Los Angeles federal court with toy maker MGA entertainment’s Pooey Puitton toy purse. MGA sought a declaratory judgment that consumers are not likely to confuse their Pooey Puitton product with products from luxury handbag maker Louis Vuitton. Compare images of the two products for yourself here.  
When Allina Health System merged the Courage Center into their operations they implemented their well-documented policies on pre-employment health exams and vaccinations for client-facing staff. Janice Hustvet, a fifteen-year employee of the Courage Center, failed to submit to a Respirator Medical Evaluation and to take an MMR vaccine since her health exam showed she did have immunity against rubella, both requirements of keeping her job.