v

SEC v. Stanford International Bank Ltd.

(United States Fifth Circuit) - Addressed insurance coverage issues in a securities fraud case. Held that the district court abused its discretion in approving a settlement agreement and so-called bar orders. Vacated and remanded for further proceedings, in this case involving a financial firm's massive Ponzi scheme.




v

Essex Insurance Company v. Blue Moon Lofts Condominium Association

(United States Seventh Circuit) - Affirmed. The subject of a legal judgment sought to pursue the doctrine of estoppel to compel their insurer to pay out on the judgment against them from a decade before the policy's active date. They suffered no prejudice from the insurer's action and their case was dismissed.




v

Emmis Communications Corporation v. Illinois National Insurance Company

(United States Seventh Circuit) - Reversed and remanded. The district court's entry of summary judgment for a company on a claim of breach of contract against an insurer was overturned because of the court's interpretation of the clause "as reported" to mean a report had been made, rather than referencing events that had already occurred at the time of the drafting.




v

Neto v Atlantic Specialty Ins. Co

(United States Fifth Circuit) - Affirmed. Plaintiff was a passenger in an automobile that was involved in an accident. He was not a party to the insurance policy that covered the car, but was an unnamed additional insured. Plaintiff attempted to contact Defendant, the insurer of the car, but was unsuccessful. Plaintiff then reached his own settlement with at-fault driver of the other car. Defendant refused to agree to the settlement and denied coverage to Plaintiff stating that under the terms of the policy, Plaintiff had to have approval from them before settling. The trial court found that Plaintiff was not a party to the insurance contract, did not know the terms of the policy and could not be held to those terms.




v

Frederking v Cincinnati Ins. Co

(United States Fifth Circuit) - Reverse and remand. Defendant advanced the theory that its insurance policy did not cover injuries caused by drunk driving collisions, because they are not “accidents”. The trial court granted summary judgment to Defendant, insurance company, stating that the intentional decision to drive while intoxicated meant the collision was not an accident. The appeals court held that there was nothing in Texas law that would construe the term “accident” in the manner put forth by the Defendant.




v

Nautilus Insurance Company v. Access Medical, LLC

(United States Ninth Circuit) - Certified Question. The panel certified the question of state law to the Nevada Supreme Court asking whether an insurer is entitled reimbursement of costs already expended in defense of its insured where a determination has been made that the insurer owed no duty to defend and there was an agreement requiring reimbursement, but with no reservation of rights.




v

Gale v. Chicago Title Insurance Company

(United States Second Circuit) - Affirmed. Plaintiff, a Connecticut attorney, sued Defendants, a group of title insurance companies, for violating a Connecticut law that allows only Connecticut attorneys to act as title agents in the state. The original complaint contained class action allegations under the Class Action Fairness Act, but Plaintiff removed all class-action allegations in a subsequent complaint. The district court held that without the class-act allegations, it no longer had jurisdiction and dismissed the complaint.




v

PHL Variable Ins. Co. v. Town of Oyster Bay

(United States Second Circuit) - Affirmed. Trial court dismissed Plaintiff’s complaint for failure to state a claim on the grounds that the claimed agreement entered into with Defendant had not be approved by the Defendant’s governing board as required by New York Town Law, hence there was no valid and enforceable contract.




v

People v. Suh

(California Court of Appeal) - Affirmed. Allstate Insurance Company brought this action on behalf of the People of the State under Insurance Code section 1871.7. Allstate alleges Defendant guilty of submitting false or fraudulent claims to an insurance company. A jury found in favor of Allstate and imposed over $6 million in civil penalties.




v

Universal Cable Productions v. Atlantic Specialty Insurance

(United States Ninth Circuit) - In a diversity insurance coverage action, District Court erred in not applying the specialized meaning of terms in an insurance contract, as required by the California Civil Code (here “war” and “warlike action”). Summary judgment in favor of insurer overturned.




v

American Homeland Title Agency, Inc. v. Robertson

(United States Seventh Circuit) - Affirmed. A company found, during a random audit by the Indiana Department of Insurance, to have committed hundreds of regulatory violations that entered into an agreement to pay a fine and relinquish its licenses could not subsequently sue the Department's commissioner alleging discrimination for their out-of-state residency without providing a valid reason to void the agreement.




v

Adhav v. Midway Rent A Car, Inc

(California Court of Appeal) - Affirmed. Plaintiff brought a class action against Defendant alleging Insurance Code violations and unfair business practices for the insurance rates Defendant charged in its car rental business. The trial court found no illegal or fraudulent business practice or any economic injury. Judgment was entered in favor of the Defendant.




v

Smith v. Travelers Casualty Ins. Co.

(United States Fifth Circuit) - Affirmed. An insurer was not liable for contractual and statutory violations arising from the denial of a commercial property insurance claim. The suit was untimely because re-investigation by the insurer did not toll the accrual of the cause of action.




v

People v. Pierce

(California Court of Appeal) - Affirmed. Defendant, a chiropractor, was convicted of charges stemming from a scheme to defraud workers’ compensation insurance carriers. On appeal, Defendant claimed several errors at trial including a sentencing error. The appeals court found no abuse of discretion or prejudicial error.




v

ADI Worldlink, LLC v. RSUI Indemnity Company

(United States Fifth Circuit) - Affirmed. All insurance claims were properly denied because while the insured gave timely notice of later claims they failed to give notice of an initial claim within the policy's one year coverage limitation.




v

Windridge of Naperville Condominium Ass'n v. Philadelphia Indemnity Insurance Co.

(United States Seventh Circuit) - Affirmed. An insurer had to replace the siding on an entire building whose south and west sides were damaged by a storm because the old siding was no longer available and the new siding didn't match.




v

Kelly v. Honeywell Int’l, Inc.

(United States Second Circuit) - Affirmed. Collective bargaining agreement contains unambiguous language vesting welfare benefits and there is a sufficiently serious question as to whether retirees were entitled to lifetime medical coverage. District court’s grant of summary judgement in favor of union retirees is affirmed.




v

Capsco Industries, Inc. v. Ground Control, LLC

(United States Fifth Circuit) - Affirmed. A subcontractor did not owe a duty to indemnify a company for its expenditures in labor and materials in a construction project.




v

Liberty Mutual Fire Insurance v. Fowlkes Plumbing

(United States Fifth Circuit) - Certified. The state Supreme Court was asked how they would interpret the subrogation waiver in common form contracting agreements, a question that has split courts nationwide.




v

Landmark American Insurance Co. v. Deerfield Construction, Inc.

(United States Seventh Circuit) - Affirmed. An insurer that did not receive timely notice of an accident could not be compelled to provide coverage.




v

Pitzer College v. Indian Harbor Ins. Co.

(Supreme Court of California) - Remanded. The Plaintiff purchased an insurance policy from Defendant that covered pollution conditions. The policy required notice of any pollution condition and written consent before incurring obligations. Defendant denied coverage for pollution conditions that were found at a dormitory construction site because the policy notice and consent provisions were violated. The Court held that the notice-prejudice rule, which allows insureds to proceed against their insurer even if notice is late as long as it does not substantially prejudice the insurer, is a fundamental public policy of California and applies to consent provisions in first-party liability coverage and not third-party coverage. Remanded to the Ninth Circuit to determine type of policy involved.




v

Collins v. University of Notre Dame du Lac

(United States Seventh Circuit) - Reversed and Remanded. The Court of Appeals dismissed an appeal and reversed a District Court order in the case of the dismissal of a tenured professor. The professor's guilty plea to felony charges relating to the dismissal were serious cause sufficient to support his firing.




v

American Federation of Government v. Trump

(United States DC Circuit) - Vacated. A district court conclusion that executive orders regarding relations between the federal government and its employees was unlawful was in error. The district court lacked jurisdiction.




v

Ortiz v. Dameron Hospital Assn.

(California Court of Appeal) - Reversed and remanded to enter summary adjudication for Plaintiff as to her retaliation claim and punitive damages, but denied discrimination and harassment claims.




v

Galvan v. Dameron Hospital Assn.

(California Court of Appeal) - Reversed and remanded to enter summary adjudication for Plaintiff as to her retaliation claim and punitive damages, but denied discrimination and harassment claims.




v

Pickett v. CTA

(United States Seventh Circuit) - Summary judgment affirmed. Bus driver's age discrimination claim properly denied on the merits. District court's denial of a motion for counsel without explanation was a harmless error.



  • Labor & Employment Law

v

Brown v. City of Sacramento

(California Court of Appeal) - Affirmed. Plaintiff sued employer, Defendant, for racial discrimination and retaliation. A jury found in favor of Plaintiff. Trial court granted Defendant’s motion for judgment notwithstanding verdict on the grounds that Plaintiff had failed to exhaust administrative remedies, but denied the motion with respect to the retaliation and discrimination claims. Appeals court found no error.




v

Griggs v. Chickasaw County, Mississippi

(United States Fifth Circuit) - Affirmed. The trial court's determination that the County Board of Supervisors' elimination of a longtime county Solid Waste Enforcement Officer's position was retaliation was upheld. The employee was running for sheriff as an Independent and the Board preferred Democrats.




v

Southern Hens, Inc. v. Occupational Safety and Health Review Commission

(United States Fifth Circuit) - Petition denied. A company's petition for review of an administrative law judge's finding of violations and imposition of a monetary penalty against a poultry processing plant following a worker injury was upheld.




v

National Labor Relations Board v. Ingredion Inc.

(United States DC Circuit) - Petition denied. The petition for review of a National Labor Relations Board decision was supported by substantial evidence and contentions that the Board violated due process and improperly imposed a notice-reading remedy were without merit.




v

Tatum v. Southern Company Services, Inc.

(United States Fifth Circuit) - Affirmed. The district court's dismissal of claims for interference and retaliation in violation of the Family and Medical Leave Act in the case of a man reprimanded for swearing, quoting the bible, and generally being abrasive in colleague interactions.




v

Wilson v. Cable News Network, Inc.

(Supreme Court of California) - Affirmed in part and reversed in part. Plaintiff filed suit for employment discrimination, retaliation and defamation. Defendant filed an anti—SLAPP motion, Code of Civil Procedure section 425.16. The Supreme court held that the anti-SLAPP statute is applicable to the claims of discrimination and retaliation, but not to the defamation cause of action because it was not made in connection with any issue of public significance.




v

Wood Group Production Services v. DOWCP

(United States Fifth Circuit) - Petition for review denied. A man injured while unloading a vessel on a fixed platform in Louisiana territorial waters met the requirements for coverage under the Longshore and Harbor Workers' Compensation Act.




v

Fast v. Cash Depot, Ltd.

(United States Seventh Circuit) - Affirmed. An employee who sued under the Fair Labor Standards Act over unpaid wages whose case was dismissed when the company paid what was owed was not entitled to attorney's fees because he didn't technically prevail in the legal action.




v

L'Chaim House, Inc. v. Div. of Labor Standards Enforcement

(California Court of Appeal) - Affirmed. Plaintiff was cited for wage and hour violations. Plaintiff contended that it could require its employees to work “on-duty” meal periods less than 30 minutes. The appeals court found that an employer must provide meal periods of at least 30 minutes regardless of whether they are on-duty or off-duty.




v

Lacayo v. Catalina Restaurant Group Inc.

(California Court of Appeal) - Dismissed part of appeal and affirmed part. Plaintiff filed a class action complaint against Defendant alleging wage and hour violations and a unfair competition law claim (UCL). Defendants sought to compel arbitration. The trial court granted Defendant’s motion as to Plaintiffs individual claims, allowed the arbitrator to decide the class action claims, and denied the motion as to the UCL claim. The appeals court found that the motion that granted arbitration could not be appealed and found no error in the denial of arbitration for the UCL claim.



  • Commercial Law
  • Dispute Resolution & Arbitration
  • Labor & Employment Law

v

Robles v. Employment Development Dept

(California Court of Appeal) - Affirmed in part, reversed in part, and remanded. Plaintiff sued for the wrongful denial of unemployment benefits. On appeal, Plaintiff was granted unemployment benefits. On this, Plaintiff's third appeal over this controversy, the appeals court affirmed the award of attorney’s fees, but reversed and remanded because the trial court improperly limited the scope of the fees.




v

Campos v. Cook County

(United States Seventh Circuit) - Affirmed. The dismissal of a suit alleging that protracted employment termination proceedings violated the substantive due process rights of a Sheriff's Office employee following their DUI arrest was proper because it did not meet the high standard for making out substantive due process claims.




v

Maldonado v. Rodriguez

(United States Fifth Circuit) - Partially reversed, partially dismissed. A newly elected district attorney who fired seven employees that alleged they were removed because of their support for his opponent was entitled to qualified immunity as to four of the plaintiffs, but genuine issues of material fact existed as to the remaining three.




v

Wozniak v. Adesida

(United States Seventh Circuit) - Affirmed. A tenured teacher who waged an extended campaign against students who did not give him an award and sued the school when the Board of Trustees took action against him lost his appeal of the grant of summary judgment to the school. The First Amendment didn't protect his firing for intentionally causing harm to students and failing to follow the dean's instructions.




v

State of Texas v. EEOC

(United States Fifth Circuit) - Affirmed. A lawsuit in which Texas complained that EEOC regulations relating to the use of criminal records in hiring was an unlawfully promulgated substantive rule properly dismissed the suit but enjoined EEOC enforcement until the agency complies with notice and comment rulemaking requirements under the Administrative Procedure Act.




v

Lavite v. Dunstan

(United States Seventh Circuit) - Affirmed. The district court's grant of summary judgment to a County Veterans Assistance Commission was affirmed in a case where their superintendent was banned from the administration building after learning that he'd had a PTSD incident in which he threatened a police officer and kicked out the windows of a squad car.




v

Local 702 v. NLRB

(United States Seventh Circuit) - Affirmed. A longtime employee was discharged for strike related conduct, but the company's action didn't violate the National Labor Relations Act.




v

District No. 1 Pacific Coast v. Liberty Maritime Corp.

(United States DC Circuit) - Reversed and remanded. The district court had jurisdiction over a Labor Management Relations Act Claim relating to a maritime labor union because the act provides federal jurisdiction over suits for violation of contracts between employers and labor organizations.




v

Dawson v. NCAA

(United States Ninth Circuit) - Affirmed. Held that Division I football players were not employees of the NCAA because the economic realities for student-athletes do not match an employer/employee relationship. The district court’s dismissal of an athlete’s Fair Labor Standards Act claim is affirmed.



  • Labor & Employment Law

v

Naumovski v. Norris

(United States Second Circuit) - Reversed and remanded. Defendants claimed they were erroneously denied qualified immunity in a discrimination suit brought by a former employee. Because the District court conflated the standards under Title VII and Section 1983, the court reversed, entered judgment for the defendants, and remanded.




v

McMichael v. Transocean Offshore Deepwater

(United States Fifth Circuit) - Affirmed. The district court's grant of a defense motion for summary judgment in an Age Discrimination Employment Act claim was proper because the plaintiff failed to raise a genuine question of material fact about the company's reasons for firing him during a period in which the company halved its workforce and fired thousands of workers.




v

Mejia v. Merchants Building Maintenance

(California Court of Appeal) - Affirmed denial of motion to compel arbitration. An employee bringing a Private Attorney General’s Act claim may not be compelled to arbitrate that portion of the claim that seeks to recover underpaid wages.



  • Dispute Resolution & Arbitration
  • Labor & Employment Law

v

Clifford v. Quest Software Inc.

(California Court of Appeal) - Reversed order denying Defendant’s motion to compel arbitration. Plaintiff filed a complaint against his employer for unfair competition under the Business and Professions Code section 17200 and also brought wage and hour claims. The Defendant moved to compel arbitration. The trial court granted arbitration for all claims, but for the unfair competition claim. The appeals court held that the unfair competition claim could also be subject to arbitration.



  • Dispute Resolution & Arbitration
  • Labor & Employment Law
  • Consumer Protection Law

v

O'Donnell v. Caine Weiner Company, LLC

(United States Seventh Circuit) - Affirmed. A lawsuit alleging unequal pay due to gender discrimination and retaliation that lost on all counts at jury trial was affirmed. The jury instructions and verdict forms did not prejudice the case.