Johnson v. Time Warner Entertainment-Advance/Newhouse Partnership (Lawyers Weekly No. 002-127-16, 16 pp.) (Cameron McGowan Currie, J.) 3:15-cv-01727; D.S.C. Holding: Although defendant disputes that the presence of its cable across plaintiff’s land constitutes a trespass, there is evidence that defendant and ...

Tagged with: Tort/Negligence

Sumter v. Jenny Craig, Inc. (Lawyers Weekly No. 002-119-16, 11 pp.) (Cameron McGowan Currie, J.) 3:14-cv-04460; D.S.C. Holding: In support of her race and age discrimination claims, plaintiff named only one comparator. Since plaintiff failed to indicate the nature of ...

Tagged with: Tort/Negligence

Founders Insurance Co. v. Richard Ruth’s Bar & Grill LLC (Lawyers Weekly No. 002-112-16, 13 pp.) (David Norton, J.) 2:13-cv-03035 & 2:14-cv-03272; D.S.C. Holding: The parent company of an insurer does not have a contractual relationship with the assignee of ...

Tagged with: Tort/Negligence

Founders Insurance Co. v. Richard Ruth’s Bar & Grill LLC (Lawyers Weekly No. 002-109-16, 14 pp.) (David Norton, J.) 2:13-cv-03035 & 2:14-cv-03272; D.S.C. Holding: Even if an insurance broker undertook to act as an intermediary between an insurer and its ...

Tagged with: Tort/Negligence

Samuel v. Dickey (Lawyers Weekly No. 002-079-16, 8 pp.) (Terry Wooten, C.J.) 4:12-cv-02277; D.S.C. Holding: The plaintiff-client presented sufficient evidence of each element of her legal malpractice claim, including (1) an affidavit from a doctor who opined that an obstetrician’s ...

Tagged with: Tort/Negligence

Champy v. Beazer Homes Corp. (Lawyers Weekly No. 002-060-16, 7 pp.) (Margaret Seymour, S.J.) 3:15-cv-04098; D.S.C. Holding: Defendant Garner was not a party to the contract for the construction or sale of plaintiff’s house; he did not even sign the ...

Tagged with: Tort/Negligence

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.

Tagged with: Civil Practice Contract Damages Statute of Limitations Tort/Negligence

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.

Tagged with: Civil Practice FTCA independent contractor Medical Malpractice Subject-Matter Jurisdiction Tort/Negligence

Jennings v. Jennings Since plaintiff opened his emails and then left them on the Yahoo! server without downloading them or saving another copy in any other location, the emails on the Yahoo! server were not “backup” within the meaning of the Stored Communications Act. Therefore, defendant Broome’s accessing of plaintiff’s emails did not violate the SCA.

Tagged with: Tort/Negligence

Wani v. MI Windows & Doors, Inc. Where plaintiffs are not the original purchasers of their home or its windows, there was no economic transaction between plaintiffs and defendant, the manufacturer of the windows. Therefore, plaintiffs have not alleged that defendant retained any benefit to which it was not justly entitled.

Tagged with: Defective Windows Tort/Negligence Unjust Enrichment