http://www.morelaw.com Agency Law - MoreLaw.com en-us © Copyright 2008, MoreLaw.com Inc All Rights Reserved. Recent Cases kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=34717&s=WV&d=41895 This case is before this Court upon an appeal from a final order of the Circuit Court of Wyoming County, West Virginia, granting a motion to dismiss filed by the Appellee and Defendant below, the West Virginia Department of Transportation, Division of Highways (hereinafter called DOH). In that Order, the circuit court concluded that the DOH is entitled to sovereign immunity in this case bec Wed, 4 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-1952&s=IA&d=41921 Randal McCullough, a participant in a defined-benefit pension plan sponsored and administered by AEGON USA, Inc. (AEGON), brought suit under section 502(a)(2) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1132(a)(2). He alleged that various plan fiduciaries breached their fiduciary duties to the plan and engaged in prohibited transactions in violation of Tue, 3 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=14-07-01063-CV&s=TX&d=41902 Nancy Kessling sued appellees, Friendswood Independent School District (AF.I.S.D.@) and its superintendent, Patricia Hanks, for various alleged violations of the Texas Open Meetings Act (ATOMA@), Texas Public Information Act (ATPIA@), and Texas Education Code. In two issues on appeal, Kessling contends that the trial court erred in (1) granting summary judgment against her TOMA and TPIA claims, a Tue, 3 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-2555,%2008-2711,%2008-2713&s=AR&d=41885 Donna Scroggin was diagnosed with breast cancer eleven years after she began taking estrogen and progestin drugs manufactured by Wyeth Pharmaceuticals Inc. (Wyeth) and Pharmacia & Upjohn Co. (Upjohn).1 She sued the companies in 2004 for failure to warn of the risk of breast cancer from combination hormone therapy.The trial was bifurcated, with liability determined first and punitive damages determ Tue, 3 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-15418&s=&d=41929 This appeal arises from a dispute between a rail carrier and a warehouseman regarding liability for demurrage, i.e., penalties assessed for the undue detention of rail cars. Norfolk Southern Railway Company sued Brampton Enterprises, LLC d/b/a Savannah Re-Load for demurrage accrued over the six month period from March to August 2007. Savannah Re-Load denied liability for the demurrage charges and, Mon, 2 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-36039&s=WA&d=41838 We must decide whether the district court abused its discretion by preliminarily enjoining the enforcement of new rules promulgated by the Washington State Board of Pharmacy (Board) that require pharmacies to deliver lawfully prescribed Federal Drug Administration (FDA)approved medications and prohibit discrimination against patients, on the ground that the rules violate pharmacies Fri, 30 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=09-1438,%2009-1462,%2009-1601&s=&d=41911 The parties to this Lanham Act suit are manufacturers of an oral laxative the chemical name of which is polyethylene glycol 3350. Schering, the plaintiff, sells its version under the trade name MiraLAX. MiraLAX is an over-the-counter drug. The four defendants sell the generic version of the drug under its chemical name (except that defendants Kremers and Schwarz also use the name GlycoLax Thu, 29 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-2122&s=ME&d=41883 This appeal is the second in continuing litigation by a group of members of the Passamaquoddy Tribe called Nulankeyutmonen Nkihtaqmikon--the phrase means "We Protect the Homeland," and we refer to the group as NN--to challenge a Bureau of Indian Affairs ("BIA") decision; the decision approved a lease of a plot of Passamaquoddy land for the construction and operation of a liquefied natural gas ("LN Thu, 29 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=09-1089&s=MA&d=41881 Plaintiffs Joseph P. Donahue (Donahue) and Sonoran Scanners, Inc. (Sonoran) appeal from an order of the United States District Court for the District of Massachusetts granting summary judgment to defendant PerkinElmer, Inc. (PerkinElmer) on claims for breach of contract and violation of Massachusetts General Laws Chapter 93A, Mass. Gen. Laws ch. 93A 11. These claims arise fro Thu, 29 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=14-08-00245-CV&s=&d=41822 After an automobile accident with an underinsured motorist, appellant Theresa Leigh sued the other driver, her own automobile insurers, and her insurance agent, Richard Kuenstler Jr. As relevant to this appeal, she alleged that Kuenstler was negligent and acted unconscionably in failing to obtain uninsured/underinsured motorist coverage in an amount at least equal to her primary insurance policy= Tue, 27 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-2924&s=&d=41770 This matter comes on before this Court on an appeal byappellant Century Indemnity Company (Century) from twoorders of the District Court, one entered May 18, 2006,granting a motion of appellee Certain Underwriters atLloyds, London (Lloyds) to compel arbitration of adisputed claim based on a set of reinsurance-of-reinsuranceagreements, and one entered May 30, 2008, denyingC Fri, 23 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=1:05-cv-11806-RWZ&s=ma&d=41765 Jody Reilly sued Massachusetts State Police on a civil rights violation theory claiming that she was discriminated against and retaliated against by her supervisor after she turned down his advances. Plaintiff, age 39, was the agency's first female helicopter pilot. She claimed that Major Michael Barry challenged her skills as a pilot after she turned down his advances while he was the commander Fri, 23 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20Opinion%20No.%20127&s=ID&d=41743 This action involves a dispute over the parties respective rights upon termination of a joint venture. Appellants Jan Vreeken (Vreeken); Gergbroeders Meijer Belegging, B.V., a Netherlands corporation (Gergbroeders); Lockwood Engineering, B.V., a Netherlands corporation (Lockwood); and Third-Party Appellants Lockwood Packaging Corporation (LP) and Lockwood Packaging Corporation Idaho (LPI) file Wed, 21 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=COA08-1053&s=NC&d=41810 Jessica Hardy (plaintiff) was a tenth grade student at Southside High School in Beaufort County during the 2007-2008 school year. On 18 January 2008, a fight involving numerous students occurred, and plaintiff was one of the students involved.As a result, plaintiff was subsequently suspended for ten days, beginning 24 January 2008. Additionally, the principal of Southside High School recomme Tue, 20 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=SD29631&s=MO&d=41719 William B. White (plaintiff) appeals the judgment of the Circuit Court of Greene County dismissing his claims against defendants Douglas R. Eckhoff and Sandy L. Eckhoff (Eckhoffs) and granting summary judgment in favor of defendant Doris Bowman (Bowman). We affirm the summary judgment for Bowman. We reverse the dismissal as to Eckhoffs and remand to the trial court for further proceedings.The Bowm Sun, 18 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=105568&s=IL&d=41709 More than four years after they vacated their apartment, plaintiffs Ken and Ana Landis filed suit against defendants Marc Realty, L.L.C., and Elliott Weiner, for the damages provided for in subsection (f) of section 512080 of the Chicago Residential Landlord and Tenant Ordinance (RLTO) (Chicago Municipal Code 512080(f) (amended May 14, 1997)), based on the defendants failure to re Sat, 17 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=4-08-0905&s=IL&d=41712 Plaintiff, Farmers Automobile Insurance Association (Farmers), appeals the trial court's order finding Farmers had a duty to defend defendants, Michael C. Danner and Tracy Watson, in a lawsuit filed by defendant David D. Winkler. We reverse and remand.I. BACKGROUNDA. The Declaratory-Judgment ActionIn December 2007, Farmers filed a complaint for declaratory judgment. The complaint alleged that Dann Fri, 16 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-2820&s=WI&d=41691 The court has adopted a construction of the Fair Labor Standard Acts anti-retaliation provision that is unique among the circuits. On the one hand, the court understands the statutes filed any complaint language to cover intra-company complaints about unfair labor practices, but on the other it concludes that oral complaints fall outside the reach of the statute. Kasten v. Saint-Gobain Fri, 16 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-3468&s=IL&d=41690 Plaintiff-Appellant Ibrihim Kiswani (Kiswani) appeals from the magistrate judges order that denied reconsideration of his post-trial motions. Because Kiswani failed to meet our quaint rules on timing of appeals, the magistrate judges opinion is affirmed.I. BACKGROUNDKiswani was arrested outside a nightclub on July 31, 2004, and charged with aggravated unlawful use of a weapon. After be Fri, 16 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=283494&s=MI&d=41681 Plaintiff James Kendall filed this action alleging that he was wrongfully terminated from his employment with defendants,1 contrary to public policy, for refusing to engage in illegal activity. Plaintiff also alleged that defendants violated the Bullard-Plawecki Employee Right to Know Act, MCL 423.501 et seq., by knowingly placing false information in his personnel file.The trial court granted def Fri, 16 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=14-08-00248-CV&s=TX&d=41820 Anthony Sheppard appeals from a summary judgment in favor of Travelers Lloyds of Texas Insurance Company in connection with Sheppard=s claims for breach of contract and violations of the Texas Insurance Code. We affirm.BackgroundSheppard contracted with Travelers to insure a dwelling located at 306 West Cowan Drive pursuant to a Texas homeowners HO-B policy. The policy period began on October 6, Thu, 15 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20Opinion%20No.%2070&s=ID&d=41738 David Oliver Wheeler appeals from the district courts decision upon judicial review affirming the Idaho Transportation Departments order suspending Wheelers drivers license for failing a blood alcohol concentration test. For the reasons set forth below, we affirm.I.FACTS AND PROCEDUREA police officer stopped Wheelers vehicle after he observed it swerve across the center line and bac Thu, 15 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=125%20Nev.%20Adv.%20Op.%20No.%2048&s=NV&d=41726 In this appeal, we examine whether citizens have standing to challenge a land annexation if they do not own the property subject to annexation. Consistent with our prior holdings granting citizens the right to challenge land-use decisions and the language of NRS 268.668, we conclude that citizens may challenge an annexation even if the annexation does not include their property. In this, we exp Thu, 15 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=85S02-0808-CV-478&s=IN&d=41700 This case presents the question of whether a tenants leasehold interest in property survives a land contract vendees forfeiture when the tenant is not made a party to the forfeiture action and the vendor has actual knowledge that the tenant is in possession of the property. We conclude that in this case the tenants leasehold interest survives.Facts and Procedural HistoryOn August 13, 2002 Thu, 15 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-17006&s=GA&d=41755 In an oft-repeated statement from the Vietnam War, an unidentified American military officer reputedly said that we had to destroy the village to save it. That oxymoronic explanation may be apocryphal, but 1 the debt collection agency in this case offers up much the same logic to explain why it violated the Fair Debt Collection Practices Act: it was necessary to violate the Act in order to c Wed, 14 Oct 2009 00:00:00 CST