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Blog postAt its core, this is a contract dispute over whether the plan administrator and third-party processer underpaid the provider for hemodialysis treatments received by an employee. The District Court determined that the provider had standing to bring the suit because an anti-assignment provision in the plan was ambiguous or, in the alternative, was rendered unenforceable […]
The post U.S. Fifth Circuit Enforces Anti-Assignment Provision to Dismiss Provider’s Claim for Benefits from Plan -
Blog postOn original hearing, the panel found that Amazon could be considered the “seller” of a product sold thru it’s ‘Marketplace’ under Pennsylvania products liability law. “While Amazon may at times lack continuous relationships with a third-party vendor, the potential for continuing sales encourages an on-going relationship between Amazon and the third-party vendors. Moreover, Amazon is […]
The post U.S. Third Circuit Grants Rehearing En Banc to Consider Whether Amazon Can Be Held Liable -
Blog postInvestors’ petition stated a cause of action for securities fraud under Louisiana law against their former investment adviser and its CEO for fraudulently inducing them to purchase over $95 million in falsely inflated hedge fund securities. The District Court granted summary judgment for the defendants on the basis that Delaware law required plaintiffs to bring […]
The post U.S. Fifth Circuit Finds Investors Have Article III Standing to Sue Investment Advisors Directly for Purchase of -
Blog postFor the last several decades, our trial advocacy specialists have been reexamining the ways that jurors make decisions. Borrowing from the behavioral sciences, we have come to believe that people generally make decisions on an intuitive basis, and then seek to justify them with post hoc rationalizations,[1] and, in so doing, place more weight on […]
The post Briefing and Arguing Motions appeared first on Gravier House.
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Blog postThe U.S. Fifth Circuit, applying Texas Law, affirmed summary judgment in favor of a pharmacy which negligently gave one of its customers the wrong medication. The court held that a pharmacy owes no duty of care to third parties injured on the road by a patient who was given someone else’s prescription. Affirming, the Court of […]
The post Pharmacy Not Liable under Texas Law for Providing Wrong Medication Leading to Auto Crash appeared first on Gravier House.
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Blog postThe New York State Bar Association recently revised its Social Media Ethical Guidelines, which, in a nutshell, include: – A lawyer has a duty to understand the benefits, risks, and ethical implications associated with social media, including its use for communication, advertising, research and investigation. – A lawyer’s social media profiles and postings are governed […]
The post New York State Bar Association Updates Guidelines with respect to Social Media appeared first on Gravier -
Blog postPlaintiff was a participant in a long-term disability plan which contained a contractual three-year limitation period. He was injured in 2006 and was declared eligible for benefits in 2008. A dispute over the percentage owed under the plan was resolved in 2011. Six years later, plaintiff administratively appealed. At that point in time, he disputed […]
The post U.S. Fifth Circuit Affirms Dismissal of Claim for Benefits as Untimely after “Clear Repudiation” by A -
Blog postWhen a client engages successor counsel in a contingent fee matter to replace his or her original attorney, successor counsel must inform the client in writing that the predecessor counsel may have a claim against the contingent fee.
(The Committee notes that the Opinion only applies where the client terminates a lawyer without cause and hires a new lawyer to replace him. When a client terminates a lawyer with cause, or when the original lawyer withdraws, the first attorney may forfei -
Blog postA seven-month old was injured after falling from a daybed. His babysitter dialed 9-1-1 three separate times from her T-Mobile cell phone. She was placed on hold each time, for a total of more than forty minutes. Unable to connect to a dispatcher, she eventually called the child’s grandmother, who drove him to an emergency room, where he was pronounced dead.
Quoting from a 2016 Texas Supreme Court case, the U.S. Fifth Circuit held that the Estate has failed to plead facts that could su -
Blog postThree named plaintiffs brought a putative class action against Google for alleged violations of the Stored Communications Act. The parties negotiated a settlement agreement that would require Google to include certain disclosures on some of its webpages and distribute more than $5 million to cy pres recipients, more than $2 million to class counsel, and […]
The post U.S. Supreme Court Remands Dispute over Cy Pres Only Class Settlement for Further Consideration of Article III Standing
Books By Steve Herman
America and the Law: Challenges for the 21st Century
Jan 31, 2019
by
Steve Herman
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The Gordian Knot
Dec 4, 2018
by
Steve Herman
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A Day in the Life of Timothy Stone
Dec 5, 2018
by
Steve Herman
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Sign of Four
Dec 4, 2018
by
Steve Herman
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The Sign of Four
Sep 30, 1999
by
Steve Herman
$10.97
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$2.00
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