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BY: admin
POSTED: December 28, 2009
Where a manufacturer sold medical cardiac devices for surgical implantation knowing, but not disclosing, that a significant number of the devices exhibited defects posing a risk to patients’ lives; after the manufacturer recalled the device, many patients had the devices surgically removed and replaced; and plaintiff, a self-insured employer which pays its employee’s medical expenses, [...]
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BY: admin
POSTED: December 21, 2009
1. Where the debtor’s counsel purported to tender all of the debtor’s personal property to the IRS in satisfaction of its secured claim; and the IRS refused to accept the tender, instead insisting on the allowance and payment of a secured claim via the debtor’s performance under the confirmed plan; the court [...]
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BY: admin
POSTED: December 14, 2009
Tags: Contracts
Where a bank and a refinancer dispute the authenticity of a collateral transfer agreement whereby the bank was to transfer a borrower’s collateral to the refinancer in exchange for payment of the borrower’s debt to the bank; the borrower defaulted on the refinancer’s note on May 6, 2003; and there is no evidence that the [...]
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BY: admin
POSTED: December 7, 2009
Where counsel represents plaintiffs who filed op-in consent forms for a claim under the Fair Labor Standards Act; counsel attempted to contact certain opt-in plaintiffs, without success, over a period of months; these opt-in plaintiffs were warned twice of counsel’s intent to withdraw; and the court can see no reason to delay ruling upon the [...]
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BY: admin
POSTED: November 9, 2009
Where towels that had been used to clean up soybean-oil shortening spontaneously combusted after laundering and drying in a household dryer, causing smoke damage to a home; and the homeowner’s insurer brought claims against the shortening manufacturer based on a failure-to-warn theory; the District Court grants the manufacturer’s motion for summary judgment because (1) insurer’s [...]
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BY: admin
POSTED: November 9, 2009
Where the employer suspended an employee for timecard fraud; after the union filed a grievance, the employer asked the employee to attend an investigatory interview, but the employee declined to do so without a union representative; the employee’s suspension was then converted to a termination; and an arbitrator determined that the employee had committed timecard [...]
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BY: admin
POSTED: November 9, 2009
Tags: Employment
Where drivers for pizza-delivery restaurants were required to pay for their own automobile expenses and gas; the drivers received regular hourly wages and a set dollar amount for each of their deliveries; and plaintiff allege that the employer violated the minimum-wage provisions of the Fair Labor Standards Act but they have failed to identify their [...]
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BY: admin
POSTED: November 2, 2009
Where the Securities and Exchange Commission is investigating possible securities violations committed by a company in which plaintiff is a part owner; the SEC issued a subpoena to plaintiff, among others, for his sworn testimony; and plaintiff has moved to stay the investigation pending the resolution of any criminal investigation against him; the court denies [...]
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BY: admin
POSTED: November 2, 2009
Tags: Civil Procedure
Where an attorney caused to be filed a sworn affidavit that included the full social security numbers and dates of birth for 179 individuals, in violation of Fed.R.Civ.P. 5.2(a), the court, under its inherent power, sanctions the attorney by ordering him to notify all injured individuals of the improper disclosure of their personal information, to [...]
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BY: admin
POSTED: October 5, 2009
Tags: ERISA
Where an employer’s long-term disability insurer approved a cardiologist’s claim; the cardiologist had worked under a contract paying him $500,000 per year as base compensation in exchange for a designated number of on-call days, and had been paid an additional amount for any additional days the cardiologist was on call; and the disability plan did [...]
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