In Auday v. Wet Seal Retail, Inc., Auday, a 47-year-old employee of Wet Seal, claimed age discrimination after Wet Seal fired her for not being age appropriate for a store catering to young women. No. 12-5057 (6th Cir. Oct. 25, 2012). Shortly after her termination, she and her husband filed bankruptcy. They did not list the potential claim as a scheduled asset on their bankruptcy.
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In Branham v. Rock, 2010-CA-2292, the Kentucky Court of Appeals, in a decision written by Chief Judge Glenn Acree, upheld a defense jury verdict in a medical negligence action.
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In Stoecklin v. River Metal Recycling, LLC, 370 S.W.3d 527 (Ky. App. 2012), the Kentucky Court of Appeals dismissed an appeal brought by the appellant after an agreed dismissal with prejudice had been entered to facilitate and "self-expedite" appellate review of an adverse evidentiary ruling.
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In E.E.O.C. v. Skanska USA Building, Inc., the U.S. District Court for the Western District of Tennessee examined if and when a person can change her deposition testimony through use of an errata sheet. 278 F.R.D. 407 (W.D.Tenn 2012).
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In Nacco Materials Handling Group v. Lilly Company, the United States District Court for the Western District of Tennessee issued an opinion that serves as helpful guidance on when the duty to preserve evidence arises as it relates to preservation of electronically stored information (“ESI”). 278 F.R.D. 396 (W.D. Tenn. 2011). This “trigger date” is the date from which a court will evaluate a party’s duty to preserve ESI and other evidence.
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In Bates v. Curtis, 2010-CA-990 (8/17/2012), the Kentucky Court of Appeals discussed the difference between a claim of wrongful use of civil proceedings and a claim of malicious prosecution. The former claim arises when there has been wrongful initiation of a civil action without probable cause and primarily for a purpose other than that of proper adjudication of the underlying claim.
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In a July 11 blog post at the main DBL blog, we discussed a recent Kentucky Supreme Court decision about a landlord's liability for a dog-bite injury caused by a tenant's dog. On August 10, 2012, the Kentucky Court of Appeals issued a decision (not yet final, designated to be published) that discusses more generally the issue of a landlord's liability for injuries off the premises caused by a tenant's negligence on the premises.
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In Keys v. Humana, Inc., No. 11-5472 (6th Cir. July 22, 2012), the Sixth Circuit held that the burden shifting framework applicable to protected-class employment discrimination litigation is an evidentiary standard that might or might not ultimately apply to the plaintiff’s burden of proof, and is therefore not subject to the Twombly/Iqbal pleading standards established in Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) and Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).
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In a recently decided case, the United States Court of Appeals for the Eleventh Circuit addressed the issue of what status a dissolved corporation has when deciding if diversity jurisdiction exists. Holston Investments, Inc. B.V.I. v. LanLogistics Corp, 2012 WL 1293469 (11th Cir. 2012). The Court noted that circuits across the country were divided on this issue.
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The Kentucky Supreme Court, in Childers v. Geile, --- S.W.3d ---, 2009-SC-000790-DG (6/21/12), discussed whether a claim for intentional infliction of emotional distress can be maintained when the same facts also support a traditional tort claim.
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