SCOTUS passes up the opportunity to address circuit split over transgender restroom use
1/29/24
By: Christian E. Foy Nagy, Esq. and Kelly Mahoney Haas, Esq.
We learned this month that an issue of pervasive interest to politicians and activists of all persuasions was not so compelling to merit …
Indiana Supreme Court holds Rule 60(B) motion not required in certain circumstances
1/16/24
By: Donald Patrick Eckler and Joshua W. Zhao
In Expert Pool Builders, LLC v. Vangundy, No. 23S‐PL‐171 (2024), the Indiana Supreme Court considered whether Siebert Oxidermo, Inc. v. Shields, 446 N.E.2d 332 (Ind. 1983) …
Georgia farmer cannot dig his way out of failure to obtain UM coverage
11/14/23
By: Lee D. Whatling and Philip W. Savrin
Is uninsured/underinsured motorist (“UM”) coverage imputed to one injured on a tractor that was not specifically scheduled on the policy and that was operating on a …
California federal court rejects property owner’s bid for first-party coverage under its construction manager’s CGL policy
10/19/23
By: Rachel E. Hobbs
A recent decision by a federal court in California set out several important insurance concepts. In Brookfield Property Group v. Liberty Mutual, the defendant CGL insurer issued a policy to a non-party construction …
Feel the Kern
9/6/23
By: Carlos Fernández and Elissa Haynes
For more information on this topic contact Carlos Fernández, Elissa Haynes, or your local FMG attorney.
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A sign of things to come: Fifth Circuit expands scope of employment practices protected by Title VII
8/24/23
By: Robert Chadwick
On Friday, August 18, 2023, an en banc panel of the U.S. Court of Appeals for the Fifth Circuit reversed nearly three decades of precedent as to the reach of Title VII of the …
Tossing Pharmacal Out With the Poolwater: Wisconsin Supreme Court Overturns Only Seven-Year-Old Precedent
7/6/23
By: Jonathan Schwartz and Glenn A. Klinger
In a surprising decision, the Wisconsin Supreme Court sua sponte overturned Wisconsin Pharmacal Co., LLC v. Nebraska Cultures of California, Inc., 2016 WI 14, admitting that the …
SCOTUS Clarifies Need to File Post Trial Motions to Preserve Appeal
7/3/23
By: Meaghan Mahon and Lisa Grandner
Those in the legal profession understand the importance of preserving issues for appeal. Yet there has been conflict among the Courts of Appeals over whether a question of …
When is a Law Enforcement Vehicle in Use for Purposes of Waiving Sovereign Immunity Under Georgia Law?
6/26/23
By: Jacob E. Daly
Georgia law waives the sovereign immunity of local government entities for claims based on bodily injuries or death that are caused by the negligent use of a covered motor vehicle by a local government officer or …
Lights, Camera, (Less Than an) Action!
6/22/23
By: Elissa B. Haynes and Carlos A. Fernández
Usually, the courts do not take issue when litigating parties stipulate to an agreement—especially when the parties are agreeing to dismiss claims. However, the courts will not turn a blind eye to …
The Price of Illinois Litigation Isn’t Going Down: Illinois Appellate Court Rejects Constitutional Challenge to Prejudgment Interest Law
6/12/23
By: Donald Patrick Eckler and Jonathan Schwartz
Starting in Spring 2021, Illinois began to allow 6 percent prejudgment interest to accrue in personal injury and wrongful death cases, albeit subject to exceptions and nuances, …
In Huzinec v. Six Flags Great Adventure, the Third Circuit weighs in on roller coasters, mobile devices, and the Federal Rules of Evidence
6/1/23
By: Edward Solensky Jr.
In Huzinec v. Six Flags Great Adventure, 2023 WL 1433633 (3d Cir. February 1, 2023), Plaintiff, Evan Huzinec, claimed he had suffered serious injuries while riding a roller coaster, El Toro, at Six Flags’ New Jersey …