“In short, a reasonable person in Bryant’s position might have overlooked it. Courts have routinely denied summary judgment and found a genuine issue of fact as to whether a condition was open and obvious where the plaintiff failed to notice a condition prior to slipping or tripping under facts like this case,” said U.S. District […]

The lower court had agreed with the woman’s arguments that the claims should not go to arbitration since the wrongful death suit doesn’t arise out of her use of the app and the arbitration clause her husband signed should not be extended to bind her claims.       

U.S. District Judge Matthew F. Kennelly of the Northern District of Illinois granted defendant Virginia Surety’s motion to reconsider its motion to dismiss plaintiff PMC Casualty Corp.’s breach of contract suit, where it claimed it was owed nearly $20 million, but denied the company’s motion to dismiss the suit for a second time.       

Rob Berntsen is exiting Xcel Energy after barely a year to snag one of the most prized legal jobs in the power industry.       

“There is much to be said about contracts that use brightline rules to establish certainty. That is not this contract. Instead of setting a firm timeline, the contract created a continuing obligation for reclamation that survived its termination,” said Judge Joshua P. Kolar, who authored the opinion.       

“The district court’s final judgment here was silent about the disposition of the defendant’s counterclaims. After that omission was identified, the parties and the district court proposed four separate solutions. That number suggests some clarification might be helpful to parties and district courts,” the per curiam opinion said.       

Citing its 2024 ruling in DeGreer v. Union Pacific Railroad Co., the appellate court concluded that, because the plaintiff wasn’t “unambiguously excluded” from a narrowed class action, the plaintiff’s claims had paused during the class-action proceedings.       

In a 5-2 decision, the majority affirmed a Jackson County Circuit Court Judge’s decision to nullify a jury’s $4 million award to R.M.A., a transgender male student.       

The court concluded its March order remained, determining its conclusion wasn’t at odds with a U.S. Supreme Court ruling regarding willful violations under the Fair Credit Reporting Act (FCRA).       

The court denied the Kansas City Southern Railway Company’s attempts to enact attorney-client privilege between its counsel and one of its employees who witnessed the accident at the center of the underlying negligence suit in Cole v. The Kansas City Southern Railway Company.