Appellate Law News and Insights

Hot Tea Lawsuit Fails On Appeal

Published: Aug 31, 2020
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Even before COVID-19, coffee companies were navigating the safety challenges of serving hot beverages to customers. On August 18, 2020 – almost 26-years after the infamous Liebeck hot coffee lawsuit – the California Court of Appeals for the Second District affirmed in an unpublished opinion the dismissal of a woman's...

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Tenth Circuit Reverses Summary Judgment On Benefit Determination

Published: Aug 11, 2020
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Highlights A U.S. court of appeals reversed a district court's grant of summary judgment upholding a plan administrator's benefit denial. The court found that the district court erroneously deferred to the plan administrator's determination on the benefits claim, because the plan language granting discretion to the plan administrator was contained...

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Fifth Circuit Says No Plaintiff Fact Sheet Equals No Case

Published: Jul 22, 2020
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We've all seen the signs - No Shoes, No Shirt, No Service. Their exact origin may be unknown but these signs appear to have come to popularity in the 1960s and 1970s as a response by businesses to keep "long-haired hippies" out of stores and restaurants. Or maybe they were...

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