Case Summaries
Injury & Tort Law
[03/17]
Holmes v. Kimco Realty Corp.
In plaintiff's negligence suit against a retailer for injuries he sustained when he fell on ice/snow in the parking lot, summary judgment in favor of the defendant is affirmed as the state of New Jersey would not impose a duty on an individual tenant for snow removal from the common areas of a multi-tenant parking lot when the landlord has retained and exercised that responsibility.
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Government Benefits
[03/16]
Schexnayder v. Hartford Life & Accident Ins. Co.
In an ERISA action claiming that defendant-insurer wrongly denied plaintiff disability benefits, summary judgment on the merits for plaintiff is affirmed where defendant's decision was procedurally unreasonable because the Social Security Administration (SSA) determined that plaintiff was fully disabled and unable to perform any work, but defendant did not address the SSA award in any of its denial letters. However, the district court's order granting plaintiff attorney's fees is reversed where the legal questions in this case were much closer than the district court credited, and the district court therefore abused its discretion in assessing attorneys' fees against defendant.
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Criminal Law & Procedure
[03/17]
Miller v. Mitchell
In plaintiffs' suit to enjoin the district attorney of Wyoming County in Pennsylvania from bringing criminal charges in retaliation for their refusal to attend an education program in lieu of facing child pornography charges for "sexting," district court's grant of preliminary injunctive relief is affirmed as plaintiffs have shown a likelihood of success on the merits of their constitutional retaliation claims, and are entitled to preliminary injunctive relief.
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ERISA
[03/16]
Schexnayder v. Hartford Life & Accident Ins. Co.
In an ERISA action claiming that defendant-insurer wrongly denied plaintiff disability benefits, summary judgment on the merits for plaintiff is affirmed where defendant's decision was procedurally unreasonable because the Social Security Administration (SSA) determined that plaintiff was fully disabled and unable to perform any work, but defendant did not address the SSA award in any of its denial letters. However, the district court's order granting plaintiff attorney's fees is reversed where the legal questions in this case were much closer than the district court credited, and the district court therefore abused its discretion in assessing attorneys' fees against defendant.
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Consumer Protection
[03/15]
Kim v. Carter's Inc.
In plaintiffs' suit against a children's clothing retailer for damages under Illinois contract and consumer protection law, claiming they were victims of deceptive pricing, dismissal of the complaint is affirmed where: 1) with respect to plaintiffs' breach of contract claim, defendant has fulfilled its obligations under the straightforward, everyday sales contract described in the complaint; and 2) plaintiffs' allegations fail to establish the actual damages element of their Illinois Consumer Fraud and Deceptive Business Practice Act (ICFA) claim.
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Workers' Comp
[03/05]
Rhine v. Stevedoring Servs. of Am.
In a petition for review of a decision of the Benefits Review Board under 33 U.S.C. section 921(c) of the Longshore and Harbor Workers' Compensation Act, the petition is denied where: 1) a reasonable mind could have concluded that the Pacific Maritime Association Average adequately represented petitioner's annual earning capacity; and 2) the availability of alternative employment was determined by reference to two criteria: the claimant's physical abilities and the economic availability of particular jobs in the market.
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