VERDICT: Defense, alleged discharge of pollutants from golf course to navigable waters. [Read more…]
First refusal, hotel condos
FIRST REFUSAL: Challenge to use of RFR by Hotel dismissed for lack of subject jurisdiction with leave to amend to cure defective allegations as to standing… Cavan. [Read more…]
Insurance, Apex product, “employee ski day” injury
INSURANCE: Plaintiff injured during “employee ski day” who alleges that Apex product was “effectively useless” allowed to amend to add punitives and a restructured employer… Berger. [Read more…]
Insurance, software valuation of damaged vehicle
INSURANCE: Claims that LLC’s vehicle damaged by self-insured truck was undervalued by software utilized by TPA adjuster resulting in underpaying thousands of consumers by many millions of dollars dismissed in part, allowed to proceed in part… Molloy. [Read more…]
Insurance, MMIA v. MSF
INSURANCE: Claims by MMIA that MSF and its broker illegally solicited business from municipalities precluded by Sherman Act and Robinson-Patman Act as they allege activity regulated by state law as part of the business of insurance… Morris. [Read more…]
Jurisdiction, no CAFA amount-in-controversy jurisdiction
JURISDICTION: GEICO failed to show the amount in controversy necessary to establish jurisdiction under either CAFA or traditional diversity jurisdiction, may present additional evidence and assumptions on remand… Morris reversed (memorandum). [Read more…]
Surprise medical billing, ERISA
SURPRISE BILLING claims under ERISA relating to “in-network” and “out-of-network” services for ski accident Plaintiff rejected on summary judgment… Christensen. [Read more…]
Injunctive relief, ski club parking permit
INJUNCTIVE RELIEF requesting order for ski club to issue parking permit to non-member properly denied pursuant to Rule 12(b)(6)… Breuner affirmed (memorandum). [Read more…]
Claim preclusion, reclaimed wastewater discharge
CLAIM PRECLUSION: Suit alleging CWA violation by discharging reclaimed wastewater from snow guns precluded by consent order in prior suit under modified claim preclusion test, res judicata, release… Morris affirmed (memorandum). [Read more…]
Student travel, COVID disruption refunds
STUDENT TRAVEL: Claims of breach of contract for failing to provide full refunds for trips that were disrupted by COVID properly rejected on summary judgment… Cavan/Watters affirmed (memorandum). [Read more…]
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