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Insurance appeal dismissed after intervening settlement
A commercial insurance carrier’s appeal of an order requiring it to defend a lawsuit was dismissed after the 4th U.S. Circuit Court of Appeals found that it lacked jurisdiction because the underlying action was resolved by an intervening settlement.
Appeal dismissed after second untimely notice
Where a man failed to timely appeal from a district court’s judgment, the district court then entered an order reopening the appeal period and allowing him 14 days to appeal and he nevertheless failed to file his notice of appeal within that time period, his appeal was dismissed. Background Donte Parrish claimed that because of […]
Court reinstates $7.6M jury award
Where a trial court applied the wrong standard in reducing a jury award from $7.6 million to $1.8 million, and the original award was supported by substantial evidence, it was reinstated. Background Ramaco Resources suffered a coal silo collapse and submitted a claim for losses to Federal Insurance Company. When Federal denied the claim, Ramaco […]
Sale of services doesn’t trigger ERISA §1104 fiduciary duty
Where a plan participant alleged a consulting company acted for its own benefit, and thus violated the duty of loyalty under ERISA, when it pitched the investment committee to outsource its duties, but the duty of loyalty applies only to fiduciary activities (i.e., giving investment advice), and selling services isn’t investment advice, the consulting company […]
Unpaid leave satisfied employer’s ADA obligation
Where the accommodations requested by a disabled employee were not reasonable under the circumstances, an unpaid leave of absence constituted a reasonable accommodation. Background When Jay Hannah, a package delivery driver for United Parcel Service Inc., or UPS, injured his hip and buttocks, he requested that he be allowed to drive his route with a […]
Student fails to allege intentional discrimination
Where Exxon Mobil Corporation rescinded an internship offer after learning a student lacked permanent work authorization, and the student filed suit alleging discrimination against aliens, his suit was dismissed. His allegations failed to show intentional discrimination, as required to state a 42 U.S.C. § 1981 claim. Background Aldo De Leon Resendiz is an alien who […]
Provider did not err saying man could return to work
Where a man’s medical records showed he had a normal echocardiogram, had no heart symptoms, was walking three miles a day and had lost substantial weight, the long-term insurance provider did not err in concluding that he could return to his writer/editor position. Background Kevin Geiger sued Zurich American Life Insurance Company of New York, […]
Appeal dismissed because of intervening settlement
Where an insurance carrier appealed an order requiring it to defend a lawsuit, but the underlying action was resolved in a settlement agreement after the insurer appealed, the appeal was dismissed. Although the insurer argued the district court’s order to defend was effectively an injunction, there was no longer any duty to defend because of […]
Professor can’t show he was punished for speech
Where a college professor alleged that he was subjected to adverse employment actions in retaliation for protected speech, but two of the communications weren’t protected, and there was no causal connection between the third communication and the alleged retaliation, his suit was dismissed. Background Stephen Porter has been a tenured professor at North Carolina State […]
Company retaliated against whistleblower
Where a truck driver was terminated soon after he revealed that he had collected and submitted evidence showing his company violating the law, and the company admitted that it terminated him in part because he removed and copied documents and recorded employee conversations, he was awarded $107,940.07 in backpay and $5,000 in emotional distress damages. […]
Retirement comments aren’t evidence of age bias
A dean’s and provost’s internal deliberations about a professor’s retirement plans and resistance to technology after not renewing her contract were not “direct evidence” of age discrimination, the 4th U.S. Circuit Court of Appeals has held.
Retirement comments not direct evidence of age bias
Where a university dean and provost made comments about a professor’s retirement plans, those comments, without more, were not “direct evidence” of age discrimination. Background In these consolidated appeals, Eva Palmer challenges the district court’s award of summary judgment to Liberty University Inc. on Palmer’s discrimination claim under the Age Discrimination in Employment Act, or [...]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
