Law School Toolbox Podcast Episode 504: Listen and Learn -- Motions for Judgment as a Matter of Law and Motions for New Trial (Civ Pro)
Bar Exam Toolbox Podcast Episode 306: Spotlight on Civil Procedure (Part 3 – The Civil Lawsuit)
Law School Toolbox Podcast Episode 412: Listen and Learn -- Motions for Summary Judgment
What Litigants Need to Know about Summary Judgment
JONES DAY TALKS®: Tiffany v. Costco Raises Trademark Infringement, Counterfeiting Questions
Patent Infringement: Successful Litigation Stays the "Course"
Podcast: Non-binding Guidance: Examining FDA’s Enforcement Authority Over Stem Cell Clinics and Compounders
K&L Gates Triage: Avoiding the Risks Associated with Mandatory Vaccination Programs
Among the first questions I ask when investigating a lawsuit accusing my client of discriminatory conduct is, “Who made the decision?” The reasons are simple. First, an adverse employment action – like termination,...more
Maybe you are one of the lucky employers who has not been sued in court or received a charge filed with a federal or state agency enforcing employment laws, like the Equal Employment Opportunity Commission (EEOC) or the...more
In May 2025, the Supreme Court of Washington overruled previous precedent regarding the deliberate intent to injure exception related to workers’ compensation immunity for employers, finding that an employee may sue its...more
The Appellate Court of Maryland (“App. Ct.”) addressed in a June 27th Opinion issues arising out of alleged mold exposure. See Candace McCarthy v. Board of Commissioners for Frederick County, Maryland, 2025 WL 1778818....more
The exclusivity provision of the North Carolina Workers’ Compensation Act (the “Act”) normally prevents an employee from suing his employer in civil court for work injuries. The employee is normally relegated to filing a...more
This third installment of the 10 Compelling Reasons for Employment Arbitration explores the impact of an arbitration agreement on a plaintiff’s litigation strategy. As discussed herein, arbitration programs can tamp down a...more
A New York intermediate appellate court, applying New York law, has held that an insurer had no coverage obligation for a third lawsuit filed against its insured that was deemed related to two earlier lawsuits that were filed...more
Court: Appellate Court of Maryland - A Maryland appellate court has affirmed a lower court’s decision that granted summary judgment to the defense in a toxic substance exposure case....more
Jurisdiction: Louisiana Eastern District Court - Plaintiff Nolan J. LeBoeuf worked at the Avondale Shipyard in Westwego, La. for several years during the 1970s and 1980s. He also frequently visited coworkers on his days off...more
In the Superior Court Decision of Faisal Jameel v. Dember HMS Hospitals and Bayshore Community Hospital (decided April 28, 2025), the Superior Court was faced with the issue of whether an employee who died as a result of...more
In order to state a claim for discrimination under Title VII of the Civil Rights Act of 1964 (Title VII), a plaintiff must first demonstrate that he or she had an employment relationship with the defendant. Although various...more
Leslie M. Jenny and Gabriella M. Wittbrod, both of our Cleveland, OH office, were granted summary judgment on behalf of their corporate nursing home clients in this medical negligence case. Judge Phillip S. Naumoff of the...more
An recent Ohio appellate court decision reinforces a critical point for plaintiffs and a crucial defense strategy for defendants: if you don’t properly and timely name individual employees/agents in a lawsuit, you may lose...more
In a recently published opinion, the Appellate Division, Second Department, upheld a Suffolk County Supreme Court decision granting summary judgment in favor of an injured bridge worker who slipped backwards off a scaffold...more
In the age where cling wrap doesn’t cling and “shrinkflation” is a necessary portmanteau, it’s rare to get more. This is especially true for insurers, whose policies are construed against them when ambiguous, and...more
Key Points: New York appellate decision gives defense counsel firm ground on which to defend a standard § 240(1) case. In Simpertegui v. Carlyle House Inc., 209 N.Y.S.3d (1st Dept. May 9, 2024), a “ladder-fall” case, the...more
Key Points: A workers’ compensation insurance carrier normally does not have a duty to pay benefits for an intentional injury claim....more
A decision out of the United States District Court for the Southern District of Texas showcases the practical challenge in the relationship between workers’ compensation and the pleading standards required to trigger...more
Jurisdiction: United States District Court for the Southern District of New York - Plaintiff Scott Keller alleged that he was exposed to asbestos during his employment on ExxonMobil Oil Company vessels and that he developed...more
A recent Florida appellate decision offers a valuable blueprint for insurers and corporate legal teams seeking to limit exposure in questionable vicarious liability claims. In Campo v. Uber Technologies, Inc., the Third...more
The Superior Court of Pennsylvania recently affirmed a judgment holding Domino’s Pizza vicariously liable for a motorcycle accident involving a franchisee’s delivery driver. Coryell v. Morris, — A.3d —, 2025 Pa. Super. 28...more
B.W. v. Career Technology Center of Lackawanna County, 2024 W.L. 4300718 (M.D. Pa. 2024). On various claims arising from alleged abuse of former students, Federal District Court denies summary judgment for career technology...more
The Seventh Circuit Court of Appeals recently clarified the evidentiary bar for employees bringing Fair Labor Standards Act (FLSA) overtime claims, requiring employees to provide specific, detailed evidence of their work...more
The Seventh Circuit recently issued a significant decision in Osborn v. JAB Management Services, Inc., 126 F.4th 1250 (2025), affirming summary judgment in favor of the employer in an overtime compensation dispute under the...more
A recent decision from the U.S. Court of Appeals for the Seventh Circuit offers a welcome measure of protection for employers in overtime claims brought under the Fair Labor Standards Act. The court’s opinion highlights the...more