The U.S. Court of Appeals for the Eighth Circuit has affirmed a lower court’s decision to void an insurance policy *ab initio* (from the beginning) for a Hot Springs, Arkansas home destroyed by fire, concluding the homeowner, Suzan E. Taylor, made a material misrepresentation on her initial application. The ruling…
-
-
DirecTV Wins Major Victory as Second Circuit Revives Antitrust Claims Against Broadcasters
The United States Court of Appeals for the Second Circuit delivered a significant ruling in favor of DirecTV, LLC, reversing a lower court’s decision that had dismissed the satellite distributor’s federal antitrust claims against broadcasters Nexstar Media Group, Inc., Mission Broadcasting, Inc., and White Knight Broadcasting, Inc. The appellate court…
-
Alabama Supreme Court Affirms Dismissal of Vicarious Liability Claim After Agent’s Case Thrown Out on Statute of Limitations
The Alabama Supreme Court has upheld a lower court’s decision to grant summary judgment to Premier Medical Group, Inc., effectively ending a medical malpractice suit against the group based on the dismissal of the direct claims against the operating physician, Dr. Kent L. Burton. The central issue revolved around the…
-
Appellate Court Narrows Illinois Role in Nationwide Infant Formula Lawsuits
A recent Illinois appellate court decision has drawn a clear line in a massive, consolidated product liability dispute involving infant formula, ruling that while some local cases can stay in Cook County, lawsuits filed by out-of-state families must be moved elsewhere. The ruling marks a significant victory for the defendants,…
-
Delaware Supreme Court Reverses Ruling: Prior Insurance Arbitration Doesn’t Block Later Claim
The Delaware Supreme Court has stepped in to reverse a lower court’s decision, ruling that a prior arbitration over Personal Injury Protection (PIP) benefits does not prevent an individual from pursuing a claim for Uninsured Motorist (UM) coverage. The high court found that the doctrines of *res judicata* (claim preclusion)…
-
Wyoming Supreme Court Affirms Prejudgment Interest Award in Construction Dispute
The Wyoming Supreme Court has affirmed a district court’s decision to award prejudgment interest to YJ Construction, Inc. (YJ) following a jury verdict against homeowners Russ and Debi Ropken (the Ropkens) for unpaid construction work. The high court ruled that the district court was authorized to make the interest award,…
-
Lawyers Can’t Just Call Malpractice a Contract Breach, Dissent Argues
A recent ruling by the Pennsylvania Superior Court has sparked a sharp disagreement among the judges over how legal malpractice claims should be categorized—as a breach of contract or as a tort (negligence). In a dissenting opinion, Judge Stabile argued forcefully that the majority decision incorrectly allowed a client to…
-
Court Upholds Insurance Exclusion Barring Coverage for Motorcycle Passenger Death
The Pennsylvania Superior Court has affirmed a lower court’s decision to grant judgment in favor of Erie Insurance Exchange, ruling that an exclusion in a household auto policy validly barred uninsured/underinsured motorist (UM/UIM) coverage for a passenger killed in a motorcycle accident. The case centered on the fatal 2023 motorcycle…
-
Witness Intimidation Conviction Upheld in Heated Family Dispute Voicemail Case
A Geauga County man convicted of intimidating a witness based on a threatening voicemail left in Italian has had his conviction affirmed by the Ohio Eleventh Appellate District Court. Agostino Gigliotti challenged the conviction, arguing the evidence was insufficient and the verdict was against the weight of the evidence, but…
-
Appeals Court Overturns Denial of Officer’s PTSD Claim, Citing Flawed Reasoning
The Commonwealth Court of Pennsylvania has reversed a decision by the Workers’ Compensation Appeal Board (Board) that denied workers’ compensation benefits to a police officer for Post-Traumatic Stress Disorder (PTSD) stemming from a fatal on-duty shooting. The Court found that the Workers’ Compensation Judge (WCJ) relied on factual determinations unsupported…