8th Circuit Vacates $6M Prejudgment Interest on $27M Verdict Against Travelers Insurance Co.

A jury ultimately sided with Maxus Metropolitan, a multimillion-dollar apartment complex, issuing $27.3 million in damages and $546,905 for vexatious refusal to pay against Travelers Insurance Co. The district court awarded Maxus pre-judgment interest for nearly $6.5 million.       

8th Circuit Vacates $6M Prejudgment Interest on $27M Verdict Against Travelers Insurance Co. Read More »

Questions Remain Over Aluminum Smelter’s ‘Natural Disaster’ Reasoning for Closing, Layoffs, Judge Says

“The undisputed facts support multiple factors contributed to Magnitude 7’s decision to curtail operations. Under these circumstances, the court finds that the closing of the Marston plant was an indirect result of the weather event at issue. As such, the natural disaster exception does not apply, but the ‘unforeseeable business circumstance’ exception may apply,” U.S.

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Insurer Seeks Declaratory Judgment Against Crematory Accused of Improperly Storing 100+ Bodies

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14 Month Delay in Litigation Not Enough for Failure to Prosecute, State Appellate Court Says

“While this is far from model case management, given this court’s preference for resolving cases on their merits, the relative swiftness of the dismissal here, and our insistence on doing justice over expediting dockets, these three actions constituted sufficient work to avoid dismissing Murphy’s cause of action for failure to prosecute,” said Judge Philip M.

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District Judge Rejects Walmart’s Request for Fees Based on Similar Discretionary-Fee Provision

“Even though the court ultimately decided against Giovannelli, he reasonably argued that his publicity act claim was not time-barred because, in his view, the discovery rule applied and extended the statute of limitations for his claim. Thus, Giovannelli’s arguments contesting the statute of limitations defense were not frivolous; rather, they were founded upon a reasonable

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Setting Up a ‘Heckler’s Veto?:’ 8th Circ. Revives Suit Over Firefighter’s Anti-Abortion Facebook Post

“Granting summary judgment based on such ‘vague and conclusory’ concerns, without more, runs the risk of constitutionalizing a heckler’s veto. Enough outsider complaints could prevent government employees from speaking on any controversial subject, even on their own personal time. And all without a showing of how it actually affected the government’s ability to deliver ‘public

Setting Up a ‘Heckler’s Veto?:’ 8th Circ. Revives Suit Over Firefighter’s Anti-Abortion Facebook Post Read More »

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