Transportation and Logistics Counsel Annual Conference March 18, Carmack Amendment And Preemption Of Personal Injury Claims
|
|
- Barrie Willis
- 8 years ago
- Views:
Transcription
1 Transportation and Logistics Counsel Annual Conference March 18, 2014 Carmack Amendment And Preemption Of Personal Injury Claims By: Beata Shapiro, Esq. Wilson Elser Moskowitz Edelman & Dicker LLP 1010 Washington Blvd., Stamford, CT
2 Carmack Liability & Preemption Liability: A motor carrier providing transportation services is liable to a shipper for damage or loss to cargo. The liability imposed is for the actual loss or injury to the property. See 49 U.S.C (a). Preemption: Federal preemption is the doctrine that federal law precludes and prevents the application of contrary state law. Courts consistently hold that the remedies provided by the Carmack Amendment preempt state law claims against a carrier for loss or damage to interstate shipments, such as negligence, breach of contract, and state consumer protection laws. See Smith v. United Parcel Service, 296 F.3d 1244, 1246 (11th Cir. 2002); York v. Day Transfer Co., 525 F. Supp. 2d 289, (D. R.I. 2007). Some courts have even precluded personal injury claims arising out of transportation services based on the Carmack Amendment.
3 York v. Williams Moving Company, 525 F. Supp. 2d 289 (D. R.I. 2007) Plaintiffs personal property suffered mold damage when stored during transport. Plaintiffs alleged, among other injuries, physical injuries and emotion pain and suffering due to the delivery of moldy property. Defendants moved for summary judgment. The court held that these damages were preempted by the Carmack Amendment because such damages stem directly from the shipment and delivery of their goods.
4 Alessandra v. Mullen Bros., 1999 Mass. Super. Lexis 399 (Mass. Super. 1999) Defendant moved Plaintiff s property from her home into a warehouse. Plaintiff's property was exposed to pesticides while in storage. Defendant then transported the property to Plaintiff s new residence. Plaintiff claimed the pesticides caused her to have a physical reaction requiring medication attention. The court dismissed all of Plaintiff s state law claims, even those alleging bodily injury, because of Carmack Amendment preemption.
5 Tayloe v. Kachina Moving & Storage, 16 F. Supp. 2d 1123 (D. Ariz. 1998) Plaintiffs property was transported and stored by Defendants. Some of the property was damaged, some lost and some contaminated with mold. Plaintiffs alleged that as a result of the mold one of the Plaintiffs developed a severe allergic reaction requiring hospitalization. Plaintiffs alleged personal injuries in their complaint. The court granted Defendants Motion for Summary Judgment finding that all of the Plaintiffs state law claims were preempted by the Carmack Amendment in part because Plaintiffs' claims arose out of the interstate transportation of their household goods.
6 Strike v. Atlas Van Lines, Inc., 102 F. Supp. 2d 599 (M.D. Pa. 2000) Defendant transported Plaintiffs personal property. Gasoline spilled on the property during transport. On delivery, the fumes overwhelmed Plaintiffs causing them to seek medical attention. Plaintiffs brought claims for breach of contract, loss of consortium and negligence. Plaintiffs sought damages for personal injuries. Defendant moved to dismiss all claims pursuant to the Carmack Amendment. The court granted the Motion to Dismiss and stated that Carmack Amendment preemption extended to claims like the Plaintiffs' involving personal injuries suffered as the result of changes made to shipped goods through negligence of the carrier.
7 Glass v. Crimmins Transfer Co., 299 F. Supp. 2d 878 (C.D. Ill. 2004) Defendants stored Plaintiffs personal property during a move. The property developed mold and fungus. Plaintiffs filed suit against Defendants seeking compensation for their property damage, emotional distress, and physical injury. They brought claims for breach of contract, fraudulent concealment, negligence, and Carmack Amendment damages. The court granted Defendants motion for summary judgment finding that Plaintiffs state law claims, including those alleging personal injuries and emotional distress, were preempted by the Carmack Amendment.
8 Huertas v. United Parcel Serv., Inc., 42 Misc. 3d 245 (N.Y. Sup. Ct. 2013) Not a Carmack case. Plaintiff brought suit against Defendant for personal injuries after she tripped and fell on boxes. Defendant moved for summary judgment arguing in part that Plaintiff's claims were pre-empted by the federal Airline Deregulation Act of 1978 (ADA) and the Federal Aviation Administration Authorization Act (FAAAA). The court rejected this argument and held that preemption was not proper. Ultimately, the court held that the Defendant owed no duty to the Plaintiff and dismissed the claim.
9 Moffit v. Bekins Van Lines Co., 6 F.3d 305 (5th Cir. 1993) Defendant transported Plaintiffs household goods. Plaintiffs wanted delivery before Christmas. Defendant did not deliver the goods on time. Plaintiffs brought suit alleging claims of outrage, intentional and negligent emotional distress, breach of contract, breach of an implied warranty, breach of an express warranty, a violation of the Texas Deceptive Trade Practices Act, slander, misrepresentation, fraud, negligence, and violation of obligations as a common carrier. Defendant moved for summary judgment. The court granted the motion holding that the Carmack Amendment preempted all of Plaintiffs state law claims.
FORC QUARTERLY JOURNAL OF INSURANCE LAW AND REGULATION
The plaintiff in Schmidt filed suit against her employer, Personalized Audio Visual, Inc. ("PAV") and PAV s president, Dennis Smith ("Smith"). 684 A.2d at 68. Her Complaint alleged several causes of action
More informationDEFENDING A CARGO CLAIM: PRELIMINARY CONSIDERATIONS
DEFENDING A CARGO CLAIM: PRELIMINARY CONSIDERATIONS John T. Husk * Although it imposes strict liability upon carriers and freight forwarders for loss and damage to property in interstate commerce, the
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 11-10294 Non-Argument Calendar. D.C. Docket No. 8:09-cv-02628-JDW-TBM.
Case: 11-10294 Date Filed: 03/01/2012 Page: 1 of 6 EMMANUEL EBEH, IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 11-10294 Non-Argument Calendar D.C. Docket No. 8:09-cv-02628-JDW-TBM
More informationIN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION
IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION KELLY RAMBO and PHILLIP J. BERG, ESQ. August Term, 2004 Plaintiffs, No. 03894 v. Commerce
More informationUNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Case 2:14-cv-05458-PA-VBK Document 11 Filed 07/15/14 Page 1 of 5 Page ID #:577 Present: The Honorable PERCY ANDERSON, UNITED STATES DISTRICT JUDGE Paul Songco Not Reported N/A Deputy Clerk Court Reporter
More informationINVESTIGATIONS GONE WILD: Potential Claims By Employees
INTRODUCTION INVESTIGATIONS GONE WILD: Potential Claims By Employees By: Maureen S. Binetti, Esq. Christopher R. Binetti, Paralegal Wilentz, Goldman & Spitzer, P.A. When can the investigation which may
More informationDevelopments Concerning the Applicability of State Medicaid Lien Statutes
Developments Concerning the Applicability of State Medicaid Lien Statutes 2321 N. Loop Drive, Ste 200 Ames, Iowa 50010 www.calt.iastate.edu Updated February 15, 2014 - by Roger A. McEowen Overview Medicaid
More informationIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA EXPLANATION AND ORDER
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ARNOLD L. MESHKOV, M.D., : Plaintiff : : v. : 01-CV-2586 : UNUM PROVIDENT CORP., et al., : Defendants : EXPLANATION AND ORDER
More informationCase 1:10-cv-10170-NMG Document 38 Filed 06/15/11 Page 1 of 9. United States District Court District of Massachusetts MEMORANDUM & ORDER
Case 1:10-cv-10170-NMG Document 38 Filed 06/15/11 Page 1 of 9 WESTERN WORLD INSURANCE COMPANY, INC., Plaintiff, v. JAMES CZECH and WILLIAMS BUILDING COMPANY, INC., Defendants. United States District Court
More informationGENERAL SESSION II LAW OF THE LAND V. LAW OF THE JUNGLE
GENERAL SESSION II LAW OF THE LAND V. LAW OF THE JUNGLE MODERATOR Gerard F. Smith, Esq Pezold, Smith, Hirschmann & Selvaggio, LLC One Broadway, Suite 201 Denville, NJ 07834 Ph: 973-586-6700 Fax: 973-586-0955
More informationCase 2:12-cv-07317-JLL-JAD Document 34 Filed 04/19/13 Page 1 of 6 PageID: 331
Failure Breach Case 2:12-cv-07317-JLL-JAD Document 34 Filed 04/19/13 Page 1 of 6 PageID: 331 UNITED STATES DISTRICT COURT District of New Jersey CHAMBERS OF MARTIN LUTHER KiNG JR. JOSE 1. LINARES FEDERAL
More informationIN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION
IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION KVAERNER US INC., : APRIL TERM, 2003 KVAERNER HOLDINGS, INC. : No. 0940 v. : Commerce Program
More informationIN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION
IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION KAREN M. McSHANE, et al., FEBRUARY TERM, 2003 Plaintiffs, No. 01117 v. Control No. 070576
More informationCase 4:09-cv-00575 Document 37 Filed in TXSD on 08/16/10 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION
Case 4:09-cv-00575 Document 37 Filed in TXSD on 08/16/10 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION AMERICAN SURGICAL ASSISTANTS, INC., VS. Plaintiff, CIGNA HEALTHCARE
More informationUNITED STATES COURT OF APPEALS FIFTH CIRCUIT. No. 94-11035. (Summary Calendar) GLEN R. GURLEY and JEAN E. GURLEY, AMERICAN STATES INSURANCE COMPANY,
UNITED STATES COURT OF APPEALS FIFTH CIRCUIT No. 94-11035 (Summary Calendar) GLEN R. GURLEY and JEAN E. GURLEY, Plaintiffs-Appellants, versus AMERICAN STATES INSURANCE COMPANY, Defendant-Appellee. Appeal
More informationSUPERIOR COURT OF WASHINGTON FOR THURSTON COUNTY
THE HONORABLE CAROL MURPHY 1 1 1 1 1 SUPERIOR COURT OF WASHINGTON FOR THURSTON COUNTY TARVA LEE, ) ) No: --00- Plaintiff, ) ) v. ) COMPLAINT FOR BREACH OF ) CONTRACT, BAD FAITH, FARMERS INSURANCE COMPANY
More informationAir cargo is a $50 billion business that transports 35% of the value of goods
A ADMIRALTY LAWYER S COMME TS O RECE T DEVELOPME TS CO CER I G THE MO TREAL CO VE TIO A D AIR FREIGHT FORWARDERS SEEKI G I DEM IFICATIO FROM AIR CARRIERS 2/22/11 Peter D. Clark at www.navlaw.com Air cargo
More informationIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA : : : : ORDER AND MEMORANDUM O R D E R
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA SETH ROBBINS, VERN COOLEY Plaintiffs, v. PHILADELPHIA SPORTS CLUB Defendant. CIVIL ACTION NO. 05-2676 ORDER AND MEMORANDUM O
More informationIN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JOYCE FULLINGTON PLAINTIFF v. No. 4:10CV00236 JLH PLIVA, INC., formerly known as Pliva USA, Inc.; and MUTUAL PHARMACEUTICAL
More informationASSEMBLY BILL No. 597
AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : : : : : : : MEMORANDUM
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND CATHERINE HOWELL, et al. Plaintiffs v. STATE FARM INSURANCE COMPANIES, et al. Defendants Civil No. L-04-1494 MEMORANDUM This is a proposed
More informationUNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND NICOLE MARIE CRUZ, Plaintiff, v. C.A. No. 05-38S HARTFORD CASUALTY INSURANCE COMPANY, Defendant. DECISION AND ORDER WILLIAM E. SMITH, United
More informationUNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY DEAN SMITH, on behalf of himself and Others similarly situated, v. Michael Harrison, Esquire, Plaintiff, Defendant. OPINION Civ. No. 07-4255 (WHW) Walls,
More informationHow To Get Out Of A Liability Claim For A Wrongful Act By An Insurance Company
Three Courts Look At Interrelated Wrongful Acts By: Robert S. Fraser and Gavin J. Curley Three cases decided this year in three different jurisdictions focus on the critical coverage determination of whether
More informationUNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Case 2:14-cv-01072-ABC-JC Document 31 Filed 05/30/14 Page 1 of 6 Page ID #:819 Present: The Honorable Audrey B. Collins Angela Bridges None Present N/A Deputy Clerk Court Reporter / Recorder Tape No. Attorneys
More informationIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MICHAEL KAUFFMAN, Plaintiff, CIVIL ACTION NO. 05-4264 v. WERNER ENTERPRISES, INC. and WILLIAM F. JINES, Defendants. MEMORANDUM
More informationBy Heather Howell Wright, Bradley Arant Boult Cummings, LLP. (Published July 24, 2013 in Insurance Coverage, by the ABA Section Of Litigation)
Tiara Condominium: The Demise of the Economic Loss Rule in Construction Defect Litigation and Impact on the Property Damage Requirement in a General Liability Policy By Heather Howell Wright, Bradley Arant
More informationIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CRAIG VAN ARSDEL Plaintiff, CIVIL ACTION NO. 14-2579 v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant. Smith, J. September 5,
More informationHenkel Corp v. Hartford Accident
2008 Decisions Opinions of the United States Court of Appeals for the Third Circuit 3-27-2008 Henkel Corp v. Hartford Accident Precedential or Non-Precedential: Non-Precedential Docket No. 06-4856 Follow
More informationCase 1:09-cv-01292-HHK Document 11 Filed 01/20/10 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:09-cv-01292-HHK Document 11 Filed 01/20/10 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA KBI TRANSPORT SERVICES, and KATHEER B. IBRAHIM, Plaintiffs, Civil Action 09-01292
More informationCase: 4:15-cv-00194-CDP Doc. #: 23 Filed: 02/17/15 Page: 1 of 6 PageID #: <pageid>
Case: 4:15-cv-00194-CDP Doc. #: 23 Filed: 02/17/15 Page: 1 of 6 PageID #: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION KIEONNA LITTLEJOHN, et al., Plaintiffs, v.
More informationIN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION
IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION JOHN J. DOUGHERTY & SONS, INC., and : JANUARY TERM, 2004 DEANNA DOUGHERTY : : No. 00560
More informationRISK MANAGEMENT: WHAT IS THE EXPOSURE? UNDERSTANDING DAMAGES. by Marc S. Blubaugh Benesch, Friedlander, Coplan, & Aronoff LLP
RISK MANAGEMENT: WHAT IS THE EXPOSURE? UNDERSTANDING DAMAGES by Marc S. Blubaugh Benesch, Friedlander, Coplan, & Aronoff LLP AGENDA What Types of Damages Might Be Recoverable? What Can Be Done To Protect
More informationIN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA DANVILLE DIVISION
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA DANVILLE DIVISION LOIS LORRAINE ADKINS, Plaintiff, v. CYTYC CORPORATION, et al., Defendants. Case No. 4:07CV00053 MEMORANDUM OPINION
More informationCASE 0:13-cv-00557-DSD-JJK Document 41 Filed 11/06/13 Page 1 of 7. UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Civil No.
CASE 0:13-cv-00557-DSD-JJK Document 41 Filed 11/06/13 Page 1 of 7 Quinn Nystrom, UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Civil No. 13-557(DSD/JJK) Plaintiff, v. ORDER AmerisourceBergen Drug
More informationCase 2:14-cv-01214-DGC Document 38 Filed 08/25/14 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
Case :-cv-0-dgc Document Filed 0// Page of 0 WO Wintrode Enterprises Incorporated, v. PSTL LLC, et al., IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Plaintiff, Defendants. No. CV--0-PHX-DGC
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 11-13737. D.C. Docket Nos. 8:10-cv-02360-VMC ; 8:90-bk-10016-PMG
Case: 11-13737 Date Filed: 11/06/2012 Page: 1 of 6 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 11-13737 [DO NOT PUBLISH] D.C. Docket Nos. 8:10-cv-02360-VMC ; 8:90-bk-10016-PMG In
More informationIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA HOWARD MEDICAL, INC. t/a CIVIL ACTION ADVANCE AMBULANCE SERVICE, NO. 00-5977 Plaintiff, v. TEMPLE UNIVERSITY HOSPITAL, t/a TEMPLE
More information809.100 MEDICAL MALPRACTICE DAMAGES PERSONAL INJURY GENERALLY. 1
Page 1 of 5 809.100 MEDICAL MALPRACTICE DAMAGES PERSONAL INJURY GENERALLY. 1 (Use for claims filed on or after 1 October 2011. For claims filed before 1 October 2011, use N.C.P.I.-Civil 810.00 et seq.)
More informationCase 2:08-cv-04597-LDD Document 17 Filed 02/05/09 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Case 2:08-cv-04597-LDD Document 17 Filed 02/05/09 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA SUZANNE BUTLER, Individually and as : Administratrix of the Estate
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Case: 14-50895 Document: 00513153752 Page: 1 Date Filed: 08/13/2015 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED August 13, 2015 ANA GARCIA
More informationUnintentional Torts - Definitions
Unintentional Torts - Definitions Negligence The failure to exercise the degree of care that a reasonable person would exercise that results in the proximate cause of actual harm to an innocent person.
More informationCase 4:14-cv-00129 Document 81 Filed in TXSD on 02/02/15 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION
Case 4:14-cv-00129 Document 81 Filed in TXSD on 02/02/15 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION OLDENDORFF CARRIERS GMBH & CO. KG, Plaintiff, v. CIVIL ACTION
More informationUNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF NORTH CAROLINA WINSTON-SALEM DIVISION
SO ORDERED. SIGNED this 22nd day of February, 2013. UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF NORTH CAROLINA WINSTON-SALEM DIVISION In re: Joseph Walter Melara and Shyrell Lynn Melara, Case No.
More informationASSEMBLY BILL No. 597
california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and to add Chapter 6 (commencing with
More informationCase 3:10-cv-01981-ARC Document 22 Filed 02/03/11 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA MEMORANDUM
Case 3:10-cv-01981-ARC Document 22 Filed 02/03/11 Page 1 of 8 SUZANNE BERISH, et al., IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA Plaintiffs, CIVIL ACTION NO. 3:10-CV-1981
More informationCase 2:06-cv-02631-SMM Document 17 Filed 04/13/07 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
Case 2:06-cv-02631-SMM Document 17 Filed 04/13/07 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA JAMES BRETT MARCHANT, Plaintiff, 2:06-cv-02631 PHX JWS vs. ORDER AND OPINION [Re: Motion at
More informationUNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division
PUBLISHED UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division IN RE: WILLIAM G. DADE ) Case No. 00-32487 ANN E. DADE ) Chapter 7 Debtors. ) ) ) DEBORAH R. JOHNSON ) Adversary
More informationPlaintiffs, -against-
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ------------------------------------------------------------------X DEBRA RIOLO and THOMAS RIOLO Index No: 24494/09 -against- Plaintiffs, MICHELLE
More informationIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM. Bartle, J. December, 2012
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ZENITH INSURANCE COMPANY : CIVIL ACTION : v. : : WELLS FARGO INSURANCE SERVICES : OF PENNSYLVANIA, INC., et al. : NO. 10-5433
More informationIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM. Ludwig. J. July 9, 2010
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA KATHLEEN M. KELLY : CIVIL ACTION : v. : : No. 09-1641 NATIONAL LIABILITY & FIRE : INSURANCE COMPANY : MEMORANDUM Ludwig. J.
More informationPennsylvania Law on Advertising Injury
Pennsylvania Law on Advertising Injury Summary of Cases Atlantic Mutual Insurance v. Brotech Corp., 857 F. Supp. 423 (E.D. Pa. 1994), aff'd, 60 F.3d 813, 1995 U.S. App. LEXIS 15297 (3d Cir. May 12, 1995)
More informationCase: 09-1166 Document: 00319804259 Page: 1 Date Filed: 09/09/2009 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No.
Case: 09-1166 Document: 00319804259 Page: 1 Date Filed: 09/09/2009 PER CURIAM. UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 09-1166 LOU MARRA HOGG S, Appellant v. NOT PRECEDENTIAL STATE OF
More informationHow To Defend Yourself In A Court Case Against A Trust
U.S. BANKRUPTCY COURT NORTHERN DISTRICT OF TEXAS ENTERED TAWANA C. MARSHALL, CLERK THE DATE OF ENTRY IS ON THE COURT'S DOCKET The following constitutes the order of the Court. Signed January 20, 2005.
More informationDefending Take-Home Exposure Cases Duty in the Context of Premises and Employer Liability
Defending Take-Home Exposure Cases Duty in the Context of Premises and Employer Liability Presented by Deborah K. St. Lawrence Thompson, Counsel Miles & Stockbridge, P.C. Baltimore, Maryland September
More informationCase 0:05-cv-02409-DSD-RLE Document 51 Filed 03/16/2006 Page 1 of 6. UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Civil No.
Case 0:05-cv-02409-DSD-RLE Document 51 Filed 03/16/2006 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Civil No. 05-2409(DSD/RLE) Kristine Forbes (Lamke) and Morgan Koop, Plaintiffs, v.
More informationFairness Opinions & Financial Advisors
Fairness Opinions & Financial Advisors Recent Cases and Other Considerations Kevin Miller Alston + Bird LLP 90 Park Avenue New York, NY 10016 (212) 210-9520 Kevin.Miller@alston.com & Co., 656 F.Supp. 2d
More informationArthur J. Siegel, for third-party appellant. Glenn A. Kaminska, for third-party respondents. In this case arising from an automobile accident, the
================================================================= This opinion is uncorrected and subject to revision before publication in the New York Reports. -----------------------------------------------------------------
More informationTAX TREATMENT OF RECOVERIES IN EMPLOYMENT DISPUTES
TAX TREATMENT OF RECOVERIES IN EMPLOYMENT DISPUTES Committee on Labor & Employment Law AUGUST 2009 THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK 42 WEST 44 TH STREET, NEW YORK, NY 10036 TAX TREATMENT
More informationCase 1:05-cv-01378-RLY-TAB Document 25 Filed 01/27/2006 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION
Case 1:05-cv-01378-RLY-TAB Document 25 Filed 01/27/2006 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION VICKIE THORNBURG, Plaintiff, vs. STRYKER CORPORATION,
More informationIN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE NO. Defendant
William D. Marler Marler Clark LLP PS 01 Second Ave, Suite 00 Seattle, WA 1-0 Ph: IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE DOROTHY H. PEARCE, vs. Plaintiff,
More information2014 IL App (5th) 120588-U NO. 5-12-0588 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT
NOTICE Decision filed 01/23/14. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2014 IL App (5th) 120588-U NO. 5-12-0588
More informationJENNIFER (COLMAN) JACOBI MMG INSURANCE COMPANY. in the Superior Court (Hancock County, Cuddy, J.) in favor of Jennifer (Colman)
MAINE SUPREME JUDICIAL COURT Decision: 2011 ME 56 Docket: Han-10-526 Argued: April 12, 2011 Decided: May 10, 2011 Reporter of Decisions Panel: SAUFLEY, C.J., and ALEXANDER, SILVER, MEAD, GORMAN, and JABAR,
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ROGER HAUTH, Plaintiff, v. Civil Action No. 00-166-JJF ROBERT P. LOBUE, ESQUIRE, Defendant. Kevin William Gibson, Esquire of Gibson & Perkins,
More informationCase 9:07-cv-80145-KLR Document 31 Entered on FLSD Docket 08/23/07 15:07:43 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
Case 9:07-cv-80145-KLR Document 31 Entered on FLSD Docket 08/23/07 15:07:43 Page 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 07-80145 CIV-RYSKAMP/JOHNSON LYDIA SECURITY MONITORING,
More informationAugust Term, 2009. (Argued: May 11, 2010 Decided: October 5, 2010) Docket No. 09-4984-cv
09-4984-cv Simmons v. Roundup Funding, LLC UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term, 2009 (Argued: May 11, 2010 Decided: October 5, 2010) Docket No. 09-4984-cv LAMONT B. SIMMONS,
More informationCase 4:14-cv-01527 Document 39 Filed in TXSD on 07/08/15 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ORDER
Case 4:14-cv-01527 Document 39 Filed in TXSD on 07/08/15 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION CHARTIS SPECIALTY INSURANCE CO., Plaintiff, v. CIVIL ACTION
More informationCase 1:13-cv-00200-LG-JMR Document 31 Filed 12/30/13 Page 1 of 15
Case 1:13-cv-00200-LG-JMR Document 31 Filed 12/30/13 Page 1 of 15 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION GERARD E. LEDET and SHARONDA J. LEDET PLAINTIFFS
More informationHow To Decide If A Woman Can Sue A Man For Negligence And Emotional Distress
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA GBOLAGADE BABALOLA, : Plaintiff : Civil Action No. 1:08-CV-621 : v. : (Chief Judge Kane) : DONEGAL GROUP, INC., and DONEGAL :
More informationCase: 1:07-cv-04110 Document #: 44 Filed: 03/12/09 Page 1 of 5 PageID #:<pageid>
Case: 1:07-cv-04110 Document #: 44 Filed: 03/12/09 Page 1 of 5 PageID #: MARIO R. ALIANO, SR., IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Plaintiff,
More informationAutomobile Negligence Lawsuits
SOG/DGL, CH, JB Page 1 of 6 Automobile Negligence Lawsuits Who Is Sued? Driver the driver is the person whose negligence gives rise to the liability. The person suing must prove that the driver negligently
More information2:04-cv-72741-DPH-RSW Doc # 17 Filed 08/31/05 Pg 1 of 5 Pg ID 160 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
2:04-cv-72741-DPH-RSW Doc # 17 Filed 08/31/05 Pg 1 of 5 Pg ID 160 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. Plaintiff,
More informationCase 3:04-cv-01482-BF Document 19 Filed 06/30/05 Page 1 of 5 PageID 470
Case 3:04-cv-01482-BF Document 19 Filed 06/30/05 Page 1 of 5 PageID 470 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION MARCY JACKSON VERNON, Plaintiff, v. Civil
More informationCase: 5:11-cv-00104-WOB-REW Doc #: 23 Filed: 02/06/12 Page: 1 of 5 - Page ID#: <pageid>
Case: 5:11-cv-00104-WOB-REW Doc #: 23 Filed: 02/06/12 Page: 1 of 5 - Page ID#: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION LEXINGTON CIVIL ACTION NO. 11-104-JBC CINCINNATI
More informationHow To Pay Shipping Invoices On A Factoring Basis
NEWCOMB TRANSPORTATION AND LOGISTICS SHIPPER TERMS & CONDITIONS 1. APPLICABILITY These Terms & Conditions and agreed upon pricing documents apply to all broker services (the Services ) provided by Youbulk,
More informationHIPAA AND PRIVATE CAUSES OF ACTION
HIPAA AND PRIVATE CAUSES OF ACTION MISTEE ARIAS GALICIA, ESQ. Every healthcare law attorney has fielded a variation of this telephone call: I think we might have a breach. My medical assistant learned
More informationNEWSLETTER. Getman, Schulthess, Steere & Poulin, P.A. Underinsured Motorist Coverage. Bartlett v. Commerce Insurance Company, et al (April 3, 2015)
Getman, Schulthess, Steere & Poulin, P.A. NEWSLETTER New Hampshire, Massachusetts, Maine & Vermont June 2015 Dear Michael, This newsletter discusses updates and changes in the law. Should you have questions,
More informationThe Truth About CPLR Article 16
The DelliCarpini Law Firm Melville Law Center 877.917.9560 225 Old Country Road fax 631.923.1079 Melville, NY 11747 www.dellicarpinilaw.com John M. DelliCarpini Christopher J. DelliCarpini (admitted in
More informationIN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
Case 1:09-cv-06119 Document 45 Filed 05/17/10 Page 1 of 17 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION LYON FINANCIAL SERVICES, INC., ) ) Plaintiff, ) ) v.
More informationCase 2:11-cv-03070-WHW -MCA Document 17 Filed 09/26/11 Page 1 of 6 PageID: 199 NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
Case 211-cv-03070-WHW -MCA Document 17 Filed 09/26/11 Page 1 of 6 PageID 199 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY KERRY FEDER, on behalf of herself and the putative class, Plaintiffs, WILLIAMS-SONOMA
More informationARE INDEPENDENT CONTRACTORS COVERED: A REVIEW OF MOTOR CARRIERS FINANCIAL RESPONSIBILITY
ARE INDEPENDENT CONTRACTORS COVERED: A REVIEW OF MOTOR CARRIERS FINANCIAL RESPONSIBILITY Seth G. Gausnell Rabbitt, Pitzer & Snodgrass, P.C. 100 South Fourth Street, Suite 400 St. Louis, Missouri 63102
More informationFEDERAL CIRCUIT HOLDS THAT HEIGHTENED PLEADING REQUIREMENTS APPLY TO FALSE MARKING ACTIONS
CLIENT MEMORANDUM FEDERAL CIRCUIT HOLDS THAT HEIGHTENED PLEADING REQUIREMENTS APPLY TO FALSE MARKING ACTIONS In a decision that will likely reduce the number of false marking cases, the Federal Circuit
More informationCLASS ACTION. Westlaw Journal. Expert Analysis The State of Coverage Disputes Concerning Advertising And Privacy Claims
Westlaw Journal CLASS ACTION Litigation News and Analysis Legislation Regulation Expert Commentary VOLUME 19, ISSUE 8 / SEPTEMBER 2012 Expert Analysis The State of Coverage Disputes Concerning Advertising
More informationUNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION à IN RE: CASE NO. 05-83912. Plaintiff, v. ADVERSARY NO.
UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION à IN RE: CASE NO. 05-83912 William Ralph LaFevor, Debtor. à CHAPTER 7 JUDGE MASSEY Ann Woolner, Plaintiff, v. ADVERSARY NO.
More informationUNITED STATES BANKRUPTCY COURT DISTRICT OF MASSACHUSETTS WESTERN DIVISION
Document Page 1 of 9 UNITED STATES BANKRUPTCY COURT DISTRICT OF MASSACHUSETTS WESTERN DIVISION ) In re: ) ) Chapter 7 YARMYN FELIBERTY, ) Case No. 12-31819 ) Debtor ) ) MEMORANDUM OF DECISION Before the
More information: BANKRUPTCY NO. 09-12649-MDC. Before this Court for consideration is the Standing Chapter 13 Trustee s (the Trustee ) objection
IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: : CHAPTER 13 ROBERT EDWARD GRAVES AND MARY LOU GRAVES, DEBTORS. : : BANKRUPTCY NO. 09-12649-MDC MEMORANDUM BY: MAGDELINE
More informationCase 3:13-cv-01238-JPG-PMF Document 18 Filed 10/21/14 Page 1 of 6 Page ID #78 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
Case 3:13-cv-01238-JPG-PMF Document 18 Filed 10/21/14 Page 1 of 6 Page ID #78 RICHARD M. O DONNELL, Plaintiff, UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS v. Case No. 13-cv-1238-JPG-PMF
More informationHow To Pay $24.55 Million To A Paraplegic Woman
Cook County Jury Awards $24.55 Million to Woman Paralyzed in Car Accident 4.4.12 This case was reported informally by Patrick Dowd, Chicago, Illinois attorney, and the jury verdict was reported by Westlaw
More informationSUPREME COURT OF THE STATE OF ARIZONA
IN THE SUPREME COURT OF THE STATE OF ARIZONA JOHN F. SULLIVAN AND SUSAN B. SULLIVAN, Plaintiffs/Appellants, v. PULTE HOME CORPORATION, Defendant/Appellee. No. CV-12-0419-PR Filed July 31, 2013 Appeal from
More informationHow To Defend A Whistleblower Retaliation Claim In A Federal Court In Texas
Case 3:10-cv-00546-L Document 7 Filed 05/27/10 Page 1 of 7 PageID 31 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION MICHAEL RIDDLE Plaintiff, v. CIVIL ACTION NO. 3:10-cv-00546-L
More informationPresent: Carrico, C.J., Compton, Stephenson, Lacy, Keenan, Koontz, JJ., and Whiting, Senior Justice NORTHBROOK PROPERTY AND CASUALTY INSURANCE COMPANY
Present: Carrico, C.J., Compton, Stephenson, Lacy, Keenan, Koontz, JJ., and Whiting, Senior Justice VIRGINIA ELECTRIC AND POWER COMPANY OPINION BY JUSTICE LAWRENCE L. KOONTZ, v. Record No. 951919 September
More informationCase 1:11-cv-00068-NAM -DRH Document 12 Filed 05/19/11 Page 1 of 7 1:11-CV-68 (NAM/DRH)
Case 1:11-cv-00068-NAM -DRH Document 12 Filed 05/19/11 Page 1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK JILL E. MARTIN, Plaintiff Pro Se, vs. ESSEX COUNTY SUPPORT COLLECTION UNIT
More informationGUIDE FOR TAX REPORTING AND WITHHOLDING OF SETTLEMENT AWARDS
GUIDE FOR TAX REPORTING AND WITHHOLDING OF SETTLEMENT AWARDS Office of the State Controller State of Colorado Revised January, 1997 I. Purpose The purpose of this guide is to provide information necessary
More informationUnited States Court of Appeals
In the United States Court of Appeals For the Seventh Circuit No. 07-3147 NAUTILUS INSURANCE COMPANY, an Arizona corporation, v. Plaintiff-Appellant, 1452-4 N. MILWAUKEE AVENUE, LLC, GREAT CENTRAL INSURANCE
More informationCase 3:07-cv-01180-TEM Document 56 Filed 04/27/2009 Page 1 of 12 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION
Case 3:07-cv-01180-TEM Document 56 Filed 04/27/2009 Page 1 of 12 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION JAMES E. TOMLINSON and DARLENE TOMLINSON, his wife, v. Plaintiffs,
More informationIN THE COURT OF COMMON PLEAS FIRST JUDICIAL DISTRICT OF PENNSYLVANIA TRIAL DIVISION CIVIL SECTION
IN THE COURT OF COMMON PLEAS FIRST JUDICIAL DISTRICT OF PENNSYLVANIA TRIAL DIVISION CIVIL SECTION LOUISE FOSTER Administrator of the : AUGUST TERM 2010 Estate of GEORGE FOSTER : and BARBARA DILL : vs.
More informationCase 1:08-cv-03178-JEI-KMW Document 31 Filed 06/05/2009 Page 1 of 11 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
Case 1:08-cv-03178-JEI-KMW Document 31 Filed 06/05/2009 Page 1 of 11 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ARTHUR R. and JANE M. TUBBS, : individually and on behalf of : others similarly
More informationAppendix 14.2 History of Tobacco Product Litigation
Appendix 14.2 History of Tobacco Product Litigation United States v. Philip Morris, Inc. (Department of Justice Case) 3 Class Actions 4 References 6 1 The Health Consequences of Smoking 50 Years of Progress
More informationSUPREME COURT OF ARKANSAS No. 12-408
SUPREME COURT OF ARKANSAS No. 12-408 JAMES K. MEADOR V. APPELLANT T O T A L C O M P L I A N C E CONSULTANTS, INC., AND BILL MEDLEY APPELLEES Opinion Delivered January 31, 2013 APPEAL FROM THE BENTON COUNTY
More informationSTRIKING OUT WITH THE INTELLECTUAL PROPERTY EXCLUSION EXCEPTION
June 28, 2013 STRIKING OUT WITH THE INTELLECTUAL PROPERTY EXCLUSION EXCEPTION For baseball fans, July is a sobering month. It s the time when, for most teams, preseason fantasies can be put to bed and
More information