The Illinois Appellate Court has upheld the dismissal of a lawsuit brought by Andrea Miller against Fertility Centers of Illinois (FCI), Dr. Brian Kaplan, and several cryogenic storage companies. Ms. Miller sued after a legal battle with her ex-husband over the custody of cryogenically frozen embryos, claiming the clinic failed…
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Eighth Circuit Upholds Emergency Closure of Calumet Inn Over Safety Concerns
The Eighth Circuit Court of Appeals has affirmed a lower court’s decision granting summary judgment to the City of Pipestone, Minnesota, and its building administrator, Douglas Fortune, in a lawsuit brought by the owners of the Calumet Inn. The Inn Owners had sued, alleging that Fortune’s temporary closure of the…
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Officer Wins Qualified Immunity in D.C. Excessive Force Case
A federal judge in Washington D.C. has granted summary judgment to a District of Columbia police officer and the city, ruling that the officer is protected by qualified immunity against claims of excessive force and assault and battery following a contentious arrest. The decision hinges on the high legal bar…
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Voluntary Admission Doesn’t Bar Constitutional Claim for Care, Second Circuit Rules
The Second Circuit Court of Appeals has delivered a significant ruling, overturning a lower court’s decision and establishing that residents voluntarily admitted to state developmental disability facilities retain substantive due process rights to adequate medical care. The ruling mandates that the case be sent back to the District Court for…
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Ninth Circuit Punts Key Insurance Question to Arizona Supreme Court
The U.S. Court of Appeals for the Ninth Circuit has paused a significant insurance dispute, asking the Arizona Supreme Court to weigh in on a fundamental question of insurance law: what exactly constitutes a “fortuitous” loss under an all-risk policy? The case involves Industrial Park Center LLC, doing business as…
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Court Victory Overturned: Minor Injury Victim Wins Fight for Delay Damages on Appeal
The Pennsylvania Superior Court has reversed a trial court’s decision that denied delay damages to the mother of a severely injured minor, ruling that a technical error in filing the motion should have been excused under the state’s rules of liberal construction. The case stems from a serious 2015 chain-reaction…
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Jury Award Overturned: Attorney Misconduct Leads to New Trial in Hotel Assault Case
A California appeals court has upheld a trial judge’s decision to grant a new trial in a high-stakes personal injury case, concluding that significant and prejudicial misconduct by the plaintiff’s attorney tainted the original $1 million jury verdict. The appellate court affirmed the order setting aside the compensatory damages award,…
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Chicago Court Upholds Vehicle Seizure Scheme, Rules It’s Police Power, Not a Taking
The Seventh Circuit Court of Appeals has affirmed a lower court’s decision to dismiss a class-action lawsuit challenging the City of Chicago’s aggressive vehicle forfeiture program, ruling that the city’s practice of towing, impounding, and ultimately disposing of vehicles to enforce traffic fines is an exercise of its police power,…
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Eighth Circuit Reverses Course: Covenant Not to Sue Signed by FAA Examiner Upheld Against Public Policy Challenge
The Eighth Circuit Court of Appeals has overturned a lower court’s decision, ruling that a liability waiver signed by a deceased Federal Aviation Administration (FAA) Designated Pilot Examiner (DPE) was likely *not* void as against public policy under Nebraska law. The ruling reverses a denial of summary judgment for the…
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Credit Union’s Win Overturned: Lack of Proper Evidence Dooms Summary Judgment Bid
The Georgia Court of Appeals has reversed a trial court’s decision that granted summary judgment to Service Credit Union (SCU) in its attempt to collect a credit card debt from Carlos A. Brown. The appellate court found that SCU failed to present the necessary authenticated business records to prove that…