S.Y., a minor student, disabled and eligible for special education under the Individuals with Disability Education Act, reportedly suffered severe emotional injuries, loss of educational opportunities and removal from the school district when dependent North Thurston School District refused to provide diabetes-related services. (more…)
From Westlaw Journal Toxic Torts: A civil engineer may testify as an expert witness that coal ash waste can become airborne for plaintiffs in the Dominican Republic who allege a power company dumped waste that caused birth defects and deaths in their families, a Delaware judge has ruled.
Judge Jan R. Jurden of the New Castle County Superior Court rejected the defendants’ motion to exclude the testimony, saying the engineer had extensive experience in soil engineering and used sound methods to conduct tests on the company’s coal ash waste.
From Westlaw Journal Products Liability:
A prospective class-action suit claiming Rain-X windshield washer fluid damages automotive electronics belongs in New Jersey federal court, a Chicago federal judge ruled Dec. 4.
U.S. District Judge John J. Tharp Jr. of the Northern District of Illinois granted a motion by defendants Illinois Tool Works Inc. and South/Win Ltd. to transfer David Tawil’s case to New Jersey.
From Westlaw Journal Employment: The U.S. Department of Labor’s new rule expanding federal minimum wage and overtime requirements to home care workers will affect the affordability of care for millions of elderly and disabled individuals, home care groups say in a petition before the U.S. Supreme Court.
Home care trade associations are asking the high court to review an appeals court ruling that said the Labor Department’s 2013 decision to extend Fair Labor Standards Act provisions to home care employees was “grounded in a reasonable interpretation of the statute.”
Bob Jamerson, an adult male actor, performance artist and activist, reportedly suffered violations of his civil rights when he was arrested by defendant police officer H.J. Davis while Jamerson was engaging in political performance art.
Jamerson was dressed in his ‘Baton Bob’ persona on a public corner in Atlanta, Ga., in celebration of the Supreme Court’s decision in United States v. Windsor, 570 U.S. 12 (2013). (more…)
From Westlaw Journal Medical Devices:
The U.S. Supreme Court has rejected an appeal seeking to restore a $176 million patent infringement award for Covidien LP in a dispute with Ethicon Inc. over ultrasonic surgical cutting tool technology.
The high court denied review of a U.S. Court of Appeals for the Federal Circuit decision reversing a lower court’s finding in the case. U.S. District Judge Janet B. Arterton of the District of Connecticut had decided that Ethicon infringed three patents held by Covidien and predecessor companies regarding the use of ultrasonic energy to cut and seal blood vessels during surgery.
From Westlaw Journal Expert & Scientific Evidence:
A General Motors statistical expert’s opinions in a multi-defect personal injury case were unreliable, a Missouri federal judge has ruled, because they were general observations about rollover accidents and the supporting data did not control for relevant variables.
Because of the same inability to control variables, U.S. District Judge Charles A. Shaw of the Eastern District of Missouri also said the expert’s opinions on roof strength and seat belt systems lacked adequate foundation and did not fit the facts of the case.
By Michael Z. Green, Texas A&M University School of Law
From Westlaw Journal Aviation: Labor and employment law professor Michael Z. Green of Texas A&M University School of Law discusses recent U.S. Supreme Court decisions regarding protections for federal whistleblowers and the questions those rulings raised.
A little more than a year ago, the U.S. Senate passed a simple resolution designating July 30, 2014, as “National Whistleblower Appreciation Day.”1
From Westlaw Journal Aviation: The father of a pilot who died in a plane crash is asking the U.S. Supreme Court to evaluate a circuit court ruling saying National Transportation Safety Board accident reports are not subject to judicial review.
Yatish Joshi’s certiorari petition says the District of Columbia U.S. Circuit Court of Appeals erred when it ruled it did not have jurisdiction to review the NTSB’s findings or its denial of Joshi’s administrative petition for NTSB reconsideration. The certiorari petition says the NTSB’s holdings conflict with Supreme Court rulings.