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|Not So Fast - Seventh Circuit Rejects Radio Shack’s FACTA Class Action Settlement|
Eric E. Hudson; Butler Snow LLP;
October 17, 2014, previously published on October 8, 2014In Redman v. RadioShack Corp., 2014 U.S. App. LEXIS 18181 (7th Cir. Sept. 19, 2014), the Seventh Circuit Court of Appeals joined a recent line of cases rejecting proposed class action settlements because the value provided to class members was overshadowed by the fee allocated to plaintiff’s...
|Hobbs, Inc. v. Charter Oak Fire Ins. Co., FSTCV094015833S, 2014 WL 1876898 (Conn. Super. Ct. Apr. 8, 2014)|
Halloran Sage LLP;
October 16, 2014, previously published on October 10, 2014In Hobbs, Inc. v. Charter Oak Fire Ins. Co., FSTCV094015833S, 2014 WL 1876898 (Conn. Super. Ct. Apr. 8, 2014) a Stamford Superior Court (Truglia, J.) held as follows: (1) a Certificate of Insurance, by itself, does not convey any rights upon the Certificate holder; (2) an estoppel theory of...
|Court Allows Contracts that Limit an Employee’s Time to Sue|
Lawrence C. Weiner; Wilentz, Goldman & Spitzer P.A.;
October 16, 2014, previously published on October 2014In a victory for employers, New Jersey’s Appellate Division ruled that an employee is bound by his agreement set forth in his employment application to shorten the two-year statute of limitations applicable to claims against his employer to six months. In Rodriguez v. Raymours Furniture...
|The Impact of the Contracts (Rights of Third Parties) Bill on Employers and Employees|
Duncan A. W. Abate, Anita W. C. Lam, Hong Tran; Mayer Brown JSM;
October 16, 2014, previously published on October 13, 2014Do you ever enter into agreements with any union? Do you ever outsource the provision of benefits to employees through a service provider? Do you provide benefits to dependants or associates of your employees? If so then you may need to change some of your agreements
|Seventh Circuit Uses Fed. R. Civ. P. 60(b)(5) to Reopen 23-Year Old Judgment|
Eric G. Pearson; Foley & Lardner LLP;
October 15, 2014, previously published on October 9, 2014Federal Rule of Civil Procedure 60(b)(5) allows a party to move for relief from a final judgment on the ground that “it prospectively is no longer equitable.” Motions under Rule 60(b)(5) must be made “within a reasonable time” under Rule 60(c)(1), but subsection (c)(1)...
|Supreme Court Holds Health Care Professional Engaged to Provide an Independent Medical Records Review Owes No Duty of Care to Patient.|
Nicole J. Benjamin; Adler Pollock & Sheehan P.C.;
October 15, 2014, previously published on September 24, 2014In a case of first impression, the Rhode Island Supreme Court held that a doctor who was hired by a third party to provide an opinion about a patient based solely on his review of the patient’s records did not owe a duty of care to the patient. Consequently, the doctor cannot be held liable...
|3 Years Or 18 Months - How Long Is The Redemptive Period?|
Wesley M. Plaisance; Breazeale, Sachse & Wilson, L.L.P.;
October 15, 2014, previously published on October 9, 2014Most tax sale purchasers and title attorneys know that tax sale title is subject to redemption within a three (3) year peremptive period from the date of recordation. However, the Louisiana Constitution does contain one exception to this rule. In the City of New Orleans, property that is...
|The Supreme Court Approves a New Tool to Defeat Class Certification in Federal Securities Fraud Cases Brought in the Fifth Circuit - Price Impact Evidence|
Brian C. Kimball; Butler Snow LLP;
October 15, 2014, previously published on October 8, 2014The Supreme Court decision in Halliburton v. Erica P. John Fund, Inc., 134 S.Ct. 2398 (2014) concerns a federal securities fraud class action. The case was appealed from the Fifth Circuit. In Haliburton, the Supreme Court rejected the Fifth Circuit’s holding that defendants could not present...
|County Immune from Negligence Claim for Fall in Parking Lot Based Upon Common Law Snow Removal Immunity|
Betsy G. Ramos; Capehart & Scatchard, P.A.;
October 15, 2014, previously published on September 24, 2014Plaintiff Miguelina Hernandez was injured when she slipped and fell on snow and ice while walking in the parking lot of the Raritan Bay Mental Health Center, which is owned and operated by Middlesex County. The trial court found that the defendants, as public entities, were shielded from liability...
|Attorneys' Fees Awarded to Small Business Patent Owner to Advance Considerations of "Compensation and Deterrence"|
Ellen T. Wong; Foley & Lardner LLP;
October 15, 2014, previously published on October 8, 2014A recent case in the District of Connecticut demonstrates that courts may be more willing to award attorneys’ fees to a small plaintiff, encouraging such a plaintiff to protect its patent when it is the plaintiff’s “primary business asset,” even if potential damages for...