The Connecticut Supreme Court reversed a trial court’s grant of summary judgment in a dispute over a motor vehicle deficiency balance, holding that claims under the Uniform Commercial Code and state consumer finance law are not subject t...
Mutual Security Credit Union v. Hardy
The Connecticut Supreme Court reversed a trial court’s summary judgment in favor of Nutmeg State Financial Credit Union, holding that the one-year statute of limitations for penal statutes does not apply to damages claims under Article 9...
Lumpkin v. Nutmeg State Financial Credit Union
The Connecticut Supreme Court reversed a trial court’s summary judgment ruling in Connex Credit Union v. Madgic, holding that the three-year statute of limitations for tort actions, rather than the one-year period for penal stat...
Connex Credit Union v. Madgic
A federal judge granted summary judgment to a secured lender in a class action over the abrupt shutdown of a struggling textbook distributor, but left open whether the company's parent entity can be held liable for failing to provide 60...
DeGroot v. Nebraska Book Company, Inc. et al
A federal judge in the Western District of Michigan has allowed a putative class action against Meijer, Inc. to proceed on claims that the grocery chain’s tobacco surcharge program violated ERISA notice requirements, while rejecting argu...
Trout v. Meijer, Inc.
The Connecticut Supreme Court held that an employer's workers' compensation lien under General Statutes § 31-293 (a) extends to tort settlement proceeds attributable to a deceased worker's nonoccupational asbestos exposure, not just the...
Dodge v. Commissioner of Motor Vehicles
The Fourth Circuit affirmed summary judgment for Merrill Lynch, holding that its WealthChoice Award program is a bonus plan exempt from ERISA coverage rather than an employee pension benefit plan.
Kelly Milligan v. Merrill Lynch, Pierce, Fenner & Smith, Inc.
The D.C. Circuit on April 18 affirmed the Secretary of Labor's authority to cite KC Transport, Inc. for safety violations at an off-site trucking maintenance facility, holding that the shop and the haul trucks it services fall within the...
A published Fourth Circuit decision holds that Merrill Lynch's WealthChoice Award program — a deferred cash bonus paid to select high-performing financial advisors after eight years of continued employment — is a bonus plan exempt from E...
Kelly Milligan v. Merrill Lynch, Pierce, Fenner & Smith, Inc.
A federal judge in New Hampshire held that genuine factual disputes preclude summary judgment on claims that the state's systemic failure to deliver authorized home and community-based services places disabled Medicaid waiver participant...
Fitzmorris v. NH Department of Health and Human Services, Commissioner
The D.C. Circuit held that a truck maintenance facility located about a mile from an active coal mine constitutes a "mine" under the Federal Mine Safety and Health Amendments Act of 1977, affirming Mine Safety and Health Administration c...
Secretary of Labor v. KC Transport, Inc.
A Maryland federal judge held that the FCC cannot require prior express written consent for telemarketing robocalls under the TCPA — only the prior express consent the statute actually says — then granted summary judgment to DentalPlans....
Bradley v. Dentalplans.com