Diana Ledbetter complained to a human resources representative, Gogel, about discrimination. Under her role as an HR representative, Gogel held responsibility for investigating and resolving those complaints. Gogel found, however, that her employer’s procedures prevented her from fulfilling that aspect of her job. She then referred Ledbetter to an attorney.
When Berryland Trading, Inc, experienced a theft of $1.7 million worth of iPhones at its warehouse in Doral, Florida, the company turned to Transportation Insurance for coverage. While the policy did not specifically cover the Doral facility, it did cover “newly acquired or constructed property” within the policy period.
In 2017, Tiffany Herrmann, founder of Alabama company Sherree Cosmetics, launched a line of glitter palette eyeshadows under the name Born to Sparkle. She did not file for a trademark on the name until August 30, 2018, several weeks after Kylie Jenner launched her individual liquid glitter eyeshadow under the same name, Born to Sparkle. Herrmann sued Jenner in October for trademark infringement, trade dress infringement and unfair competition. Herrmann’s case is the 20th intellectual property violation filed against the Kardashian-Jenner empire.
Do plasma collection centers qualify as a “service establishment” under the ADA’s Title III “place of public accommodation” or as a public facility under Chapter 121 of the Texas Human Resource Code (THRC)? CSL Plasma, Inc deferred Mark Silguero and Amy Wolfe from donating plasma to their center for reasons relating to their respective disabilities. Silguero and Wolfe sued. The district court found in favor of CSL and the Fifth Circuit Court of Appeals upheld the decision.
In August 2015, Three Expo Events, LLC staged its adult love- and sex-themed convention Exxxotica 2015 at the City of Dallas’ Convention Center. Three Expo and the City of Dallas began informal plans to stage another event (Exxxotica 2016) the following year. Before a formal contract could be drawn up, the mayor and Dallas City Council adopted Resolution No. 160308 to bar the City of Dallas from contracting with Three Expo for the lease of the Dallas Convention Center.
As an at-will employment state, the Mississippi Supreme Court allows employers to fire employees “for good reason, bad reason or no reason at all, excepting only reasons independently declared legally impermissible.” McAm v. Allied Bruce-Teminix Co., Inc, 526 So.2d.603.606 (Miss.1993). When Aurora Flight Sciences Corporation fired Robert Swindol for having a firearm locked inside his vehicle, Swindol sued Aurora for wrongful discharge and defamation.
Under Mississippi law employees may be entitled to worker’s compensation benefits when the employee’s injury affects the employee’s ability to earn the same wages they were earning at the time of injury. It was undisputed that Ms.
When a jury awarded Dewayne Johnson, a school groundskeeper, $250 million in punitive damages against Bayer, the company requested the court overturn the award due to insufficient evidence and overly emotional arguments. The judge tentatively agreed to completely throw out the $250 million award, but reversed course and reduced the amount by $200 million. Find out what jury members told the press about their decision and what happens next. 
A little-known section of the American with Disabilities Act requires employers to not only allow accommodations related to a disabled employee’s job function but also to provide adjustments to allow them “equal benefits and privileges of employment” as employees without disabilities. One employer discovered this meant providing printed handouts in a large font or in advance of on-site meetings.
K.V.G. Properties leases commercial properties to various tenants. Four years into their lease, one of K.V.G.’s tenants was raided by the U.S. Drug Enforcement Agency on suspicion of illegally growing marijuana. The tenants caused significant damage to the leased warehouse in the process of their marijuana cultivation operation. K.V.G. initiated eviction of the tenants on the grounds they illegally grew marijuana. K.V.G. also filed a claim with its insurance for the damage resulting from the tenant's alterations to the property.
A Kentucky state agency’s requirement that all potential hires agree to private arbitration for employment disputes became the subject of a recent Kentucky Supreme Court decision to prohibit mandatory employment arbitration policies. How far and wide the ruling will apply remains uncertain. For now, Kentucky employers, public and private, should remove arbitration requirements from their conditions of employment.
Over the last year, we’ve curated multiple articles about companies losing legal battles due to their website’s lack of accessibility under the Amercian with Disabilities Act (ADA). As we advise our clients on ADA accommodations for their physical locations, we’re also concerned about the ADA accessibility of their websites.
If you want to find the best restaurant while you’re on vacation, you ask friends who’ve visited the same location. If you need a new physician, you look for recommendations from others with similar health problems. For consumers and attorneys who need to retain the services of a law firm in a specific field or geographic location, Martindale-Hubbell has been the trusted name in attorney ratings for more than 100 years. 
Berry Plastics Corporation produced an intermediate bulk container for its customer Packgen who then sold the container to one of its customers CRI Catalyst Company. The container produced promising results at first, leading Packgen to anticipate an increase in sales to multiple customers. Then the packaging failed leading CRI to cancel all orders and destroy the containers on hand without paying for them. Packgen sued Berry for $7.2 million and won in a jury trial.
Eight months after Apex Parks Groups purchased “key person” insurance for their CEO Alexander Weber, Jr., Weber died unexpectedly. Although Protective Life Insurance received Weber’s medical history prior to issuing the policy, Protective denied coverage. A jury trial in Alabama state court ruled for Apex awarding them the $10 million in benefits from the policy.
In a recent case, the Ninth Circuit Court of Appeals analyzed language in the Telephone Consumer Protection Act (TCPA) which “prohibits the use of an auto-dialer to send promotional text messages without the recipient’s consent”. Advancements in technology like smartphones have created difficulty for the courts in applying language written for the pre-smartphone world. The Ninth Circuit’s ruling effectively turns every smartphone into an auto-dialer.
Dr. Raymond Brovont filed a formal, written complaint with his supervisors over the understaffing of a local emergency room. Dr. Brovont worked for EmCare, which staffed and determined physician coverage at Overland Park Regional Medical Center and Centerpoint Medical Center in Independence, Kansas. Brovont’s supervisors gave him the option to resign or to be fired. He was terminated in January.
Following a scandal where Whole Food Market, Inc. mislabeled pre-packaged foods and overcharged consumers, a group of shareholders filed suit alleging the company defrauded them because the company and its executives knew about the weights-and-measures problems prior to it coming to public light. Two of the plaintiffs’ claims hinge on allegedly false statements made by Whole Foods.
Most insurance policies include a clause requiring the insurance company to defend and indemnify the policyholder should the policyholder become the target of a lawsuit that falls under the insurance company’s policy. When an Amco Insurance policyholder found itself in the crosshairs of a former employee, the policyholder tendered the claim to the insurance company but then settled the case without the insurance company’s knowledge or consent.
When Micheal Manuel, a former employee of Turner Industries Group LLC, became unable to work due to a disability, he claimed short-term disability under Turner’s plan insured by Prudential Insurance Company of America. He eventually applied for long-term disability but was denied due to a pre-existing condition that caused his disability. In addition, Prudential reversed its decision to pay short-term disability and demanded repayment.