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October 14, 2022 | Legaltech News

Takeaways From Recent BIPA Vicarious Liability Decision

A recent motion ruling in the BNSF class action broadens the scope of liability exposure under BIPA to include vicarious liability as a basis for finding a violation of the law's notice and consent requirements.
7 minute read
September 23, 2022 | Corporate Counsel

BNSF Railway's Longtime Legal Chief to Step Down; Successor Named

Roger Nober is slated to retire at the end of the year as part of a "long-planned transition," which involves BNSF lawyer Jill Mulligan taking over as legal chief.
2 minute read
August 05, 2022 | The Legal Intelligencer

Why the Pa. High Court May Have Decided Jurisdiction Incorrectly in 'Mallory'

In Mallory v. Norfolk Southern Railway, 266 A. 3d 542 (2021), the court ruled that courts cannot hear an out-of-state claim in Pennsylvania based upon the foreign corporation's registration to do business because registration was coerced by statute rather than a voluntary agreement to subject itself to the general jurisdiction of our courts.
11 minute read
Fisher v. BNSF Railway
Publication Date: 2022-07-25
Practice Area: Civil Appeals | Employment Litigation | Personal Injury
Industry:
Court: Court of Appeals
Judge: Justice Wallach
Attorneys:
For plaintiff:
For defendant:
Case number: 02-21-00369-CV

This appeal, an issue of first impression in Texas, arises out of a question about the enforceability of a settlement release that released unknown future claims of personal injury.

Payne v. BNSF Railway
Publication Date: 2022-07-25
Practice Area: Civil Appeals | Employment Litigation | Personal Injury
Industry:
Court: Court of Appeals
Judge: Justice Wallach
Attorneys:
For plaintiff:
For defendant:
Case number: 02-21-00425-CV

Appellant, individually and as representative of her father Neil's estate, sued appellee under the Federal Employers Liability Act for personal injuries Neil suffered from exposure to asbestos that ultimately resulted in his death from cancer.

Law Journal Press | Digital Book Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner View this Book

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May 13, 2022 | New York Law Journal

Does Jurisdiction-by-Consent Survive 'Daimler AG v. Bauman'?

The Supreme Court of the United States will likely soon resolve the issue when it considers 'Mallory'.
13 minute read
BLET v. Union Pacific Railroad
Publication Date: 2022-04-25
Practice Area: Civil Appeals | Labor Law
Industry:
Court: U.S. Court of Appeals for the Fifth Circuit
Judge: Circuit Judge Costa
Attorneys:
For plaintiff:
For defendant:
Case number: 21-50544

A railroad company, that was sued by a union for interference, failed to prove on appeal that the district court lacked jurisdiction.

Texas Tech v. Niehay
Publication Date: 2022-02-14
Practice Area: Civil Appeals | Employment Litigation
Industry:
Court: Court of Appeals
Judge: Per Curiam
Attorneys:
For plaintiff:
For defendant:
Case number: 08-19-00201-CV

Appellee brought suit alleging she was wrongfully terminated from an emergency medicine residency program because of a perceived impairment, which she identified as morbid obesity.

Fross v. Norfolk Southern Railway Company
Publication Date: 2021-10-21
Practice Area: Personal Injury
Industry: Transportation
Court: Georgia Court of Appeals
Judge: Judge Markle
Attorneys:
For plaintiff: Michael Warshauer, Trent Shuping, Jasper Abbott, (Warshauer Law Group), Atlanta, for appellant.
For defendant: Franklin Brannen, Admir Allushi, Lillian Henry, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, for appellee.
Case number: A21A0990

Court agrees that a contractor's employee was employed by a railroad for liability under federal law, and remands for consideration of state law negligence claims

October 13, 2021 | National Law Journal

Kirkland Business Litigator Jumps to Jones Day

After spending nearly 20 years at Kirkland & Ellis, partner Bridget O'Connor said this is "a good time for me to look at making a change."
3 minute read

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