US Courts

Signature Healthcare at Summit Manor v. Estate of Winfred Cowan - Healthcare Liability Appeal

The Kentucky Court of Appeals issued an opinion in case 2024-CA-1560-MR, partially affirming, reversing, and vacating the Adair Circuit Court judgment in a healthcare liability action involving Signature Healthcare at Summit Manor Rehab & Wellness Center and multiple estates of deceased individuals. The court remanded the case for further proceedings.

Commonwealth v. Robert Kawada - Criminal Charges Motion Ruling

The Massachusetts Superior Court issued a ruling on defendant's motion to dismiss in Commonwealth v. Robert Kawada (Docket No. 2481CR00395). The court dismissed Indictment-001 (attempted poisoning in violation of G.L. c. 265, § 28) but denied the motion to dismiss the qualifying domestic relationship allegation in Indictment-003. The defendant remains charged with assault and battery by dangerous weapon on a pregnant person and domestic assault and battery.

Commonwealth v. Nicholas Akerberg - Bomb Threat Charge Dismissed

The Massachusetts Superior Court granted defendant Nicholas Akerberg's Motion to Dismiss Indictment-026, which charged him with communicating a bomb threat at Woburn District Court in violation of G.L. c. 269, §14(c). The court found the evidence presented to the grand jury insufficient to support the charge. Docket No. 2581CR00277.

Jane Doe v. DLA Piper LLP and Brian Biggs - Anonymity Motion Denied

Massachusetts Superior Court granted defendants' motion to require plaintiff to proceed under her true name, vacating a prior ex parte order permitting pseudonymity. The court found the plaintiff's prior testimony in open court using her real name in a related Chapter 209A proceeding destroyed her anonymity claim. Plaintiff alleged sexual harassment and assault claims against former employer DLA Piper and partner Brian Biggs under G.L. c. 151B.

Mariela Garcia Lopez v. Medtronic Inc. - Product Liability

The Massachusetts Superior Court denied Medtronic's Rule 12(b)(6) motion to dismiss, allowing product liability claims to proceed in a case involving an allegedly defective suturing device. Plaintiff alleges the device's needle broke during her hysterectomy surgery, causing additional injuries including a ureter transection and permanent complications. The case will proceed to discovery and potential trial.

Sneed v. State of Florida - Criminal Appeal Affirmed

The District Court of Appeal of Florida, First District, affirmed the lower court's judgment in the criminal case of Jerry J. Sneed v. State of Florida. The appeal (Docket No. 1D2024-1749) was decided per curiam with Judges Bilbrey, Kelsey, and Long concurring. This is a routine appellate affirmance with no new legal obligations or policy changes.

Walker v. State of Florida - Criminal Appeal

The District Court of Appeal of Florida, First District, affirmed the Circuit Court's decision in Walker v. State of Florida. Reginald A. Walker, proceeding pro se, appealed his conviction; the appellate court upheld the lower court ruling with all three judges concurring. No novel legal issues or new precedents were established.

Suggs v. State of Florida - Criminal Appeal Affirmed

The District Court of Appeal of Florida, First District, affirmed the Circuit Court judgment in Joshua T. Suggs v. State of Florida. The appeal from Columbia County was affirmed per curiam, with Judges Kelsey, M.K. Thomas, and Long concurring. This is a routine appellate affirmance with no new obligations created.

Elizabeth Borough v. Kolodziej - Emergency Demolition Order Affirmed

The Commonwealth Court of Pennsylvania affirmed the trial court's order granting Elizabeth Borough's Petition for Emergency Demolition, authorizing the Borough to raze a partially collapsed two-story commercial structure at 113 South Second Avenue. The court also affirmed the lien imposed on the property owners, Kenneth and Lori Kolodziej, for the costs of demolition, debris removal, and grading.

Gateway Health Plan v. DHS - Bid Protest

The Pennsylvania Commonwealth Court reversed two determinations by the Department of Human Services denying bid protests filed by Gateway Health Plan, Inc. d/b/a Highmark Wholecare regarding Request for Application No. 31-22 for the Community HealthChoices managed care program. The court found that DHS failed to follow the law and solicitation requirements in its procurement process. The RFA award was cancelled.