Where Skillets’ insurer denied the restaurant chain reimbursement for COVID-19 related losses, neither the virus nor the Florida governor’s closure orders constituted a direct physical loss under an all-risk policy interpreted by Florida law because neither physically altered the restaurants. ...

Tagged with: Insurance Judge Henry E. Hudson U.S. District Court - Eastern District

Where a shopper suing Walmart for injuries suffered when a box fell on her initially sought $75,000 in damages in state court and then moved to increase her ad damnum amount, Walmart properly removed the case on the basis of ...

Tagged with: Judge Henry E. Hudson Negligence U.S. District Court - Eastern District

Where the insurance carrier for a medical practice sought a declaration that the doctor’s alleged modification of medical records violated coverage conditions and thus it had no duty to defend the underlying medical malpractice suit, the coverage suit was dismissed. ...

Tagged with: Insurance Judge Henry E. Hudson U.S. District Court - Eastern District

Where a bus driver rose out of her seat, approached a teenage student, loudly shouted and waved her arms and blocked the student’s exit from the bus, the driver’s malicious prosecution claim failed because probable cause existed to arrest her ...

Tagged with: Civil Rights Judge Henry E. Hudson U.S. District Court - Eastern District

Where Lyft timely moved to compel arbitration, its agreement with a former Lyft consultant was enforceable and any arguments about the scope of the agreement are to be decided by the arbitrator, the consultant’s breach of contract and employment claims ...

Tagged with: Employment Discrimination Judge Henry E. Hudson U.S. District Court - Eastern District

Where exotic dancers claimed they were not compensated for working more than 40 hours per week, and managers alleged their time sheets were altered to prevent them from being compensated in excess of 40 hours, they plausibly alleged violations of ...

Tagged with: Employment Judge Henry E. Hudson U.S. District Court - Eastern District

The Virginia court has no jurisdiction over a Florida-based defendant who allegedly entered into a promissory note with an individual in Georgia; even if the note included loaning money to the Virginia plaintiff. Background Plaintiff Straight Line Drive sued Jitan Kuverji and ...

Tagged with: Judge Henry E. Hudson Tort U.S. District Court - Eastern District

Where a vehicle involved in an accident was being driven by someone with whom the insured car dealership had a financial relationship, which included use of the dealership’s license plates, because the vehicle was not being used for an activity ...

Tagged with: Insurance Judge Henry E. Hudson U.S. District Court - Eastern District

Where a woman previously pleaded “no contest” to the charge of attempted malicious wounding of a police officer, her conviction foreclosed her subsequent excessive force claim against the officer for his conduct after she attempted to wound him.  Background On ...

Tagged with: Civil Rights Judge Henry E. Hudson U.S. District Court - Eastern District

Although the plaintiff pleaded facts showing a valid contract or business expectancy, defendant’s knowledge of that relationship and resulting damages, it failed to show the defendant purposefully interfered with the relationship. Background Plaintiff filed its amended complaint May 23, 2020, ...

Tagged with: Criminal Judge Henry E. Hudson U.S. District Court - Eastern District