all - Opinion Summaries

SANDWICH CHEF OF TEXAS, INC. v. RELIANCE NAT'L INDEM. INS. CO.

Civil Procedure, Class Actions, Injury & Tort Law, Insurance Law, Workers' Compensation
In certifying an FRCP 23(b)(3) class in a RICO fraud action based on alleged overcharging of workers' compensation insurance premiums, the district...

BROWN v. COMMONWEALTH OF PENNSYLVANIA DEP'T OF HEALTH EMERGENCY MED. SERVS. TRAINING INST.

Civil Rights, Constitutional Law, Health Law, Injury & Tort Law
Because states are not constitutionally obligated to provide rescue services to their citizens, nor are they constitutionally required to provide...

TRAVIS v. IRBY

Civil Procedure, Injury & Tort Law
The district court relied too heavily on interrogatory responses in erroneously finding that a non-diverse defendant was fraudulently joined, and...

HERSHEY v. DONALDSON, LUFKIN & JENRETTE SECS. CORP.

Contracts, Corporation & Enterprise Law, Injury & Tort Law, Securities Law
Claims of breach of fiduciary duty under Ohio law arising from the sale of a corporation are rejected where 1) facts cannot support an assertion of...

BETTIS v. ISLAMIC REPUBLIC OF IRAN

Injury & Tort Law
Intentional infliction of emotional distress claims against the Republic of Iran, brought by nieces and nephews of an abductee held by a terrorist...

NEW ORLEANS STEVEDORES v. IBOS

Admiralty, Injury & Tort Law, Labor & Employment Law, Workers' Compensation
The decedent's most recent former employer was liable under the Longshore and Harbor Workers' Compensation Act, where his death resulted from overall...

CAUFIELD v. CANTELE

Attorney's Fees, Contracts, Injury & Tort Law, Property Law & Real Estate
Plenary appeal is proper for a district court to review a trial court determination of attorneys' fees and costs after voluntary dismissal, and the...

DERIUS v. ALLSTATE INDEM. CO.

Attorney's Fees, Health Law, Injury & Tort Law, Insurance Law
The decision of United Auto. Ins. Co. v. Rodriguez, 808 So.2d 82 (2001), rendered erroneous certain language, contained in Perez v. State Farm Fire...

SIMO v. UNION OF NEEDLETRADES, INDUS. & TEXTILE EMPLOYEES

Injury & Tort Law, Labor & Employment Law
Garment workers did not produce evidence of bad faith necessary to show that their union breached the duty of fair representation, and union agents'...

TAIHEIYO CEMENT CORP. v. THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES (JEONG)

Civil Procedure, Constitutional Law, Injury & Tort Law, International Law
Code of Civil Procedure section 354.6, allowing "slave labor" or "forced labor" victims during World War II to recover compensation for unpaid labor...