Home (page 8)

Tag Archives: Civil Practice

Tort/Negligence – Damages – Contract — Warranty – Civil Practice – Statute of Limitations – Faulty Windows – Wisconsin Law (access required)

Meifert v. MI Windows & Doors, Inc. In their amended complaint, plaintiffs continue to assert that their windows, which were allegedly designed, manufactured, and sold by defendant, caused direct economic loss to the windows and other property in the home and consequential economic loss. Recovery for such damages is barred by the economic loss doctrine.

Read More »

Tort/Negligence – Civil Practice – Subject Matter Jurisdiction – FTCA – Medical Malpractice – VA Hospital – Independent Contractor (access required)

Miller v. United States Even though the VA’s Patient and Nursing Home Resident Rights and Responsibilities document promises to provide patients with understandable information about the complaint process, it does not require VA personnel to explain the employment status of its physicians, nor does it require VA attorneys to counsel patients with malpractice claims on how they can best pursue their legal claims.

Read More »

Civil Practice – Prejudgment Interest & Costs – Uncertainty – Breach of Contract – Close Questions (access required)

Liberty Mutual Fire Insurance Co. v. J.T. Walker Industries After the plaintiff-insurer settled several claims filed against its insured for amounts within the insured’s $500,000 deductible, the court had to determine the rights of the parties under their policies before the value of the amount due from the insured to the insurer could be fixed.

Read More »

Civil Practice – Eleventh Amendment Immunity – Labor & Employment – Public Employees – Retirement System (access required)

Hutto v. South Carolina Retirement System Although the S.C. Retirement System is primarily funded by contributions from employers and employees, the state is required to appropriate funds to protect the fiscal integrity of the system. The Retirement System also receives funds directly from the state when South Carolina, as an employer, makes its annual appropriation.

Read More »

Civil Rights – Race Discrimination – Public Accommodation – Black Bike Week – Restaurant Closure — Civil Practice – Standing (access required)

National Association for the Advancement of Colored People, Inc. v. Molly Darcy, Inc. Although the defendant-restaurant was closed to everyone – not just African Americans – during Black Bike Week, plaintiffs allege that the restaurant’s decision to temporarily close to the public was “undertaken with racially discriminatory animus for the purpose of denying African Americans access to a place of public accommodation.” Plaintiffs have stated a claim of intentional racial discrimination.

Read More »