Personal Injury & Wrongful Death News

Case Summaries

Injury & Tort Law

[05/14] Ericson v. Fed. Express Corp.
In a premises liability tort action arising from a third-party's assault and robbery incident in defendant's parking lot, summary judgment for defendant is affirmed where: 1) the third-party assault was not foreseeable under even the "regular reasonable forseeability" test; and 2) the negligent undertaking doctrine was inapplicable.

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Government Benefits

[05/09] U.S. ex rel Fried v. W. Independent Sch. Dist.
Dismissal of a claim under the False Claims Act for Social Security fraud is affirmed where: 1) plaintiff's claims were based on publicly disclosed information; and 2) plaintiff was not the original source of the information since he failed to show that it was qualitatively different from that which had already been discovered.

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Criminal Law & Procedure

[05/14] U.S. v. Black
In a prosecution for firearms possession and drug possession, defendant's sentence and a denial of his motion to suppress are affirmed where: 1) the totality of the circumstances surrounding the defendant's encounter with police would give rise to reasonable suspicion to support a Terry stop and a subsequent pat down; and 2) there was no error in an upward departure from the recommended Guidelines sentence based on the substantial underrepresentation of the defendant's criminal history.

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ERISA

[05/13] Chicago Truck Drivers v. El Paso CGP Co.
In a suit for collection of withdrawal liability under the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA), a ruling finding that a proof of claim filed in 1999 in Chapter 7 bankruptcy constituted a statutory demand and cut off defendant's right to contest liability is affirmed where: 1) statutory notice and demand were not met when the plaintiffs filed the notice in Chapter 7 bankruptcy since it must be sent to the employer and Chapter 7 involves a trustee who is neither an agent of the debtor nor a fiduciary of the debtor; 2) notice to former members of the controlled group does not constitute constructive notice for the rest of the group; and 3) the notice did eventually get to the controlled group and they waived arbitration by not initiating the procedure and waiting until they were sued. However, the issue of damages is vacated and remanded where: 1) summary judgment granted to plaintiffs was not based on the motion presented by the plaintiffs; 2) plaintiffs were not given an opportunity to argue their case before summary judgment was granted on the issue of accelerated debt; 3) issues of liquidated damages depends on whether the debt was ever accelerated and when it acceleration occurred; and 4) payments by defendant should have applied first to accrued interest and then the principal.

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Consumer Protection

[05/14] Saunders v. Branch Banking and Trust Co. of Virginia
In an action alleging violation of defendant-lender's duties as a furnisher of information under the Fair Credit Reporting Act (FCRA), judgment against defendant including a denial of defendant's motions for judgment as a mater of law and for remittitur is affirmed where: 1) a decision by defendant to report a debt to credit reporting agencies without mention of a dispute was in violation of section 1681s-2 of the FCRA; 2) plaintiff was able to demonstrate that defendant knowingly and intentionally withheld information of a valid dispute from credit reporting agencies; 3) there were sufficient facts for a jury to find that plaintiff had an excuse for failing to make payments; and 4) an $80,000 punitive award was not grossly excessive in light of defendant's reprehensible conduct and the fact that a lower award would not have a punitive or deterrent effect.

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Workers' Comp

[04/29] Ramirez v. Murdick
In an action wherein plaintiff filed a Huffman claim seeking liquidated damages, attorney's fees and costs for the late payment of worker's compensation benefits, summary judgment for defendants is affirmed where: 1) the Superior Court did not err in its interpretation and application of Workers' Compensation Act, 19 Del. C. sections 2357 and 2362(c); and 2) although the Superior Court erred in converting employer's motion to dismiss into a motion for summary judgment without notice, the error was harmless.

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