In an effort to avoid the six-year statute of repose applicable to medical malpractice claims, plaintiff contends that the defendant-genetic testing company committed ordinary negligence by failing to update its classification list to reflect that a genetic variant found in ...
Read More »Tort/Negligence – Genetic Testing – Ordinary Negligence Claim – Medical Malpractice – Statute of Repose
Tort/Negligence – RICO Claims – Attorneys – Real Property Transactions 
Although plaintiffs assert allegations of misconduct against four attorney-members of a former law firm, plaintiffs cannot manufacture a RICO claim by recounting every instance of alleged misconduct by the firm’s attorneys in the last decade. The court grants defendants’ motion ...
Read More »Civil Practice – Discovery – Confidential Agreements – Attorney-Client Privilege & Work Product – Trusts & Estates – Copyright 
In litigation involving the copyright termination rights to a deceased entertainer’s songs, the decedent’s adult children are entitled to discover confidential agreements between the decedent’s estate and defendant Hynie, the mother of one of his children. Hynie has failed to ...
Read More »Labor & Employment – FLSA exemption incorrectly applied in restaurant wage dispute 
Where restaurant employees claimed that tips and automatic gratuities could not be considered in determining whether their employer met its obligations under the Fair Labor Standards Act, or FLSA, it was error to apply a statutory exemption—29 U.S.C. § 207(i)—to ...
Read More »Administrative – Ex-Columbian police officer established persecution by FARC 
Where a former Columbian police officer and his family were subjected to at least five threats of death and harm from January to May 2013 by the Revolutionary Armed Forces of Colombia, or FARC, the Board of Immigration Appeals erred ...
Read More »Real Property – Mortgages – Priority – Replacement Mortgage Doctrine 
Where (1) Quicken Mortgage recorded its mortgage on the borrowers’ home on October 20, 2009; (2) plaintiff recorded its mortgage securing an equity line of credit on November 4, 2009; and (3) Quicken made a new loan to the borrowers, ...
Read More »Administrative – Applicants can challenge appointment of ALJs 
The court joined the Third and Sixth circuits in holding that applicants could argue the Social Security administrative law judges who heard their cases were improperly appointed, although they did not raise this issue during the agency proceedings. The decision ...
Read More »Tort/Negligence – Hog farm was a nuisance 
Neighbors to a commercial hog farm, who prevailed on claims that odors, pests and noises constituted a nuisance under North Carolina law, successfully defended that verdict against challenges that their suit was time-barred, that damages should have been limited by ...
Read More »Criminal Practice – Immigration attorney convicted for distracting court 
Where an immigration attorney raised multiple challenges to her conviction for refusing to comply with directions from an immigration judge and a courtroom bailiff to cease distracting conduct during an immigration proceeding, the record demonstrated her conduct was sufficiently disruptive. ...
Read More »Labor & Employment – Employee could not perform even with reasonable accommodation 
Where the employer granted several accommodations to an employee after his knee surgery, including limiting walking to four hours per day and work to eight hours per day and allowing the use of a motorized scooter, but the employee instead ...
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