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|Post-Judgment Implementation of the Alter Ego Doctrine|
David Brown; Weltman, Weinberg & Reis Co., L.P.A.;
July 6, 2015, previously published on June 26, 2015Frequently, in the course of post-judgment collections, creditors run across debtors who operate closely held corporations or limited liability companies. While most of these entities sufficiently put assets out of the reach of creditors, some are clearly nothing more than sham businesses, created...
|For Statute of Limitations Purposes, Definition of “Filing” Under the Workers’ Compensation Act Does Not Include Electronic Submission of Claim|
Caroline E. Willsey; Semmes Bowen Semmes A Professional Corporation;
July 3, 2015, previously published on June 2015In Hranicka v. Chesapeake Surgical, Ltd., No. 83, (Court of Appeals of Maryland, June 18, 2015), the Court of Appeals considered whether a claim was time-barred under Md. Code Ann., Lab. & Empl. § 9-709(b)(3), where the claim was submitted electronically to the Workers’ Compensation...
|King v. Burwell: Supreme Court Upholds Federal Exchanges|
Danielle L. Borel; Breazeale, Sachse & Wilson, L.L.P.;
July 3, 2015, previously published on June 2015On June 25, 2015, the U.S. Supreme Court rendered a decision in the highly anticipated case of King v. Burwell, which centered around the viability of certain provisions of the Patient Protection and Affordable Care Act (“ACA”). The King decision, rendered three months after...
|Fourth Circuit Dismisses Employment Discrimination Lawsuit Because Plaintiff Was Found to Have Waived His Right to Bring a Claim Pursuant to a Settlement Agreement|
Nida Kanwal; Semmes Bowen Semmes A Professional Corporation;
July 3, 2015, previously published on June 2015Sundersingh Bala, a man of Indian origin, had been employed in the accounting department of the Commonwealth of Virginia Department of Conservation and Recreation (“DCR”) since 1985. Over the years, he had filed numerous employee grievances with the Department of Employee Dispute...
|COVERAGE ALERT: Guam Industrial Services, Inc. v. Zurich American Ins. Co. (9th Cir. 2015) ----- F.3d-----, 2015 DJDAR 5948, Case No. 13-17005|
McCormick Barstow Sheppard Wayte Carruth LLP;
July 3, 2015, previously published on July 3, 2015Guam Industrial owned and operated a dry dock in Apra Harbor, Guam, which sank on January 2, 2011, taking with it about 113,000 gallons of oil sealed in barrels. The containers were not breached and Guam Industrial was able to recover the containers, at a cost of approximately $647,000, without any...
|New York Tests Daimler's Limits with Its Consent-to-Jurisdiction Rule for Foreign Companies Registering to Do Business in the State|
Harold K. Gordon, Sevan Ogulluk; Jones Day;
July 3, 2015, previously published on June 2015The U.S. Supreme Court's 2014 blockbuster holding in Daimler AG v. Bauman significantly limited the circumstances in which U.S. courts can exercise general jurisdiction over foreign corporate defendants. Commonly referred to as "all-purpose" jurisdiction, general jurisdiction authorizes...
|Sanctions Not Warranted Where No Prejudice Was Found from Corporate Designee’s Improper and Inadequate Preparation for Deposition|
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
July 3, 2015, previously published on June 2015On July 7, 2012, Plaintiff fell out of her wheelchair, while in the care of Defendant’s nursing home. The fall caused multiple facial fractures, and she allegedly developed pneumonia due to the aspiration of blood from her broken nose.
|New Texting and Driving Decision in Delaware|
William R. Adams; Dickie, McCamey & Chilcote, P.C.;
July 3, 2015, previously published on June 30, 2015A recent case in the state of Delaware adds to the growing body of case law interpreting state statutes banning the use of cell phones and other hand-held electronic devices while driving. In Johnson v. Nelson, 2015 Del. Super. LEXIS 224, decided on April 29, 2015, the trial court determined that...
|IHSA and Attorney General Reach Settlement in Disabled Athlete Litigation|
Matthew Hefflefinger; Heyl, Royster, Voelker & Allen Professional Corporation;
July 3, 2015, previously published on June 26, 2015On June 24, firm client the Illinois High School Association (IHSA) announced a settlement with the Office of Illinois Attorney General Lisa Madigan regarding litigation pending in the U.S. District Court for the Northern District of Illinois addressing participation opportunities for student...
|Xarelto Science Day Set By Court|
Robinson Waters ODorisio P.C.;
July 3, 2015, previously published on June 19, 2015Hundreds of Xarelto lawsuits filed in federal court have been transferred for pretrial procedures to the U.S. District Court in the Eastern District of Louisiana. These Xarelto lawsuits are now part of a Multi-District Litigation (MDL) established to handle the cases more efficiently by having one...