Posted On: September 29, 2010

Car Accident Case Expert Testimony.

In August of 2010, the United States Court of Appeals Sixth Circuit heard a case that involved a car accident and the issue of expert testimony was the focal point. (See Rose v. Truck Centers, inc., 2010 WL 3069613 (C.A.6 (Ohio))).

In Rose, the truck driver and passenger brought a products liability car accident lawsuit against the manufacturer of the steering gear. The truck driver lost control of the truck when the truck began “freewheeling.” The lower court dismissed the case and this Appellate Court sustained the lower court’s ruling. The reasoning is as follows.

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Posted On: September 20, 2010

Motorcycle Case About Who is Responsible When Motorcycle is Lent to Another.

In July of 2007, the Court of Appeals in Tennessee heard a case that involved a motorcycle accident where the motorcycle was lent to someone and the issue as to insurance coverage came up. (See Progressive Casualty Ins. Co. v. Chapin, 243 S.W.3d. 553 (Tenn.Ct.App 2007).

In Progressive, the Plaintiff insurer issued a policy of insurance for a motorcycle. Id. The named insurer kept the motorcycle at his home and gave his adult son unrestricted access to it. One day the adult son borrowed the motorcycle and then let a friend ride it. The friend took his minor stepdaughter for a ride on the motorcycle and lost control causing injuries to the stepdaughter. Id. The motorcycle accident prompted the biologic father to file a petition against his daughters’ mother in chancery court for a change of custody. Id. There an attorney ad litem was appointed. Id. This ad litem filed a separate tort action against the friend who lent the stepfather the motorcycle. Id. That is when the insurance company filed a declaratory judgment seeking a declaration that its insurance policy did not cover the friend; ie. the son of the named insured. Id. (This is something a Kentucky motorcycle accident lawyer could help further explain to you).

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Posted On: September 19, 2010

Family and Medical Leave Act Case Involving Questions as to Employer’s Policy.

Recently, in June of 2010, the United States District Court for the Southern District of Ohio heard a case regarding the FMLA and the issue of the employer’s request for time off policy. (See Coffman v. Ford Motor Co., 2010 WL 2465376 (S.D.Ohio)).

The Plaintiff in this case was part of a union within Defendant’s company. Pursuant to the collective bargaining agreement, Plaintiff had certain procedures to follow if she wanted to take time off and have it considered FMLA leave. One of the things the employee had to do was have her physician fill out a medical certification form. Id. In this company, they had a policy where after the fourth awol occurrence you were disciplined up until the tenth awol occurrence at which point you were automatically terminated. Id. The Plaintiff in this case was fired on July 25, 2005. Id. Plaintiff with her FMLA lawyer initiated her FMLA lawsuit against the Defendant on July 23, 2008. Id. (If you are a recently fired employee and think you were entitled to FMLA leave, and it is still within 2 years (3 if the actions were willful against you), then you should contact Louisville FMLA lawyer Andrew S. Alitowski right away.)

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Posted On: September 17, 2010

Kentucky Family and Medical Leave Act Case.

Recently, in April of 2010, the United States District Court for the Western District of Michigan heard a case regarding the FMLA and the issue of violating Defendant’s three day no call/no show rule. (See Bradford v. Challenge manufacturing Co., 2010 WL 1758243 (W.D.Mich.))

“The FMLA provides two types of claims or theories of liability. (cites omitted). The first theory is the “entitlement” or “interference” theory, which is based upon the substantive rights created by the FMLA. (cites omitted). An employer is liability under this theory if it interferes with an employee’s FMLA created right to medical leave or to reinstatement following the leave. (cites omitted). The second type of FMLA claim is a “retaliation” or “discrimination” theory, which arises under …. That provision states that “it shall be unlawful for any employer to discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by this title.” (cites omitted). Id. Plaintiff in this FMLA case asserted both claims. (Louisville FMLA lawyer Andrew Alitowski could explain to you these facts in better detail if you so desired).

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Posted On: September 16, 2010

Overtime - Equitable Estoppel Issue (Overtime Case Where Former Employer Lies to Employees Informing Them That Everything the Company is Doing is Legal)

Recently, in April of 2010, the United States District Court for the Eastern District of Michigan heard a case regarding unpaid FLSA overtime with the main issue being whether or not a former employee can sue his former employer for unpaid overtime 13 years after he worked performed the overtime work in that he did not sue earlier because he relied on his former boss’s statements that he had looked into everything and that he, the former boss, was paying his employees correctly and was not violating any FLSA or overtime laws. (See Rumpz v. American Drilling & Testing, Inc., 2010 WL 1416990 (E.D.Mich.)).

The facts are as follows: Plaintiff worked for Defendant as a driller from 1991 until 2009. From 1991 to 1996 the Defendant did not pay the Plaintiff overtime for waiting time, vehicle loading time or travel time between sites. Id. The Defendant’s owner told his employees that he had looked into the matter and that Defendant’s compensation policy complied with applicable laws. Based on these assertions that Plaintiff relied on, Plaintiff did not bring suit. Id. Plaintiff claims Defendant owner knew his actions were in violation of the law and only said what he said so that Plaintiff would not bring a legal action against him and his company. Id. (Thus if you worked for a company in the past and you think your boss lied to you, you should contact Louisville overtime lawyer Andrew S. Alitowski to help you with your case...It might not be too late to get the money back that you deserve.)

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Posted On: September 15, 2010

Overtime Case Regarding Discovery Requests.

Recently, in May of 2010, the United States District Court for the Southern District of Ohio heard a case regarding unpaid FLSA overtime and the issue of whether the employee was a in fact an employee or an independent contractor and thus, the court had to decide on the issues of what questions were or were not valid in the interrogatories sent. (See Keeton v. Time Warner Cable, et. al., 2010 WL 2076813(S.D.Ohio)). In Keeton, the interrogatory in question had to do how the defendant treated their own employees. Id.

The Court first looked into the scope of discovery and accepted the fact that the Federal Rules of Civil Procedure had them quite broad. Id. But, the Court did have to be on the guard for a ‘fishing expedition’ and protect the concerns of the defendant. Id.

A client in Louisville, Kentucky who had a Louisville overtime non-payment of wages matter could have a similar issue and should contact a Louisville overtime lawyer.

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