Tuesday, January 15, 2019 9:40:19 PM
PI/Wrongful Death News & Resource Section
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Injury & Tort Law
Doe v. Holy See
In an action alleging clergy sexual abuse, the District Court's order holding that the Holy See was not immune from suit under the Foreign Sovereign Immunities Act (FSIA) is affirmed in part, where the abuser's conduct fell within the FSIA's tortious acts exception, but reversed in part, where the negligence of government entities could not be imputed to Defendant.
Tortu v. Las Vegas Metro. Police Dept.
In a 42 U.S.C. section 1983 action alleging excessive force by Defendant officers, the District Court's grant of judgment as a matter of law to Defendant under Fed. R. Civ. P. 50(b) is reversed, where Defendant failed to file a Rule 50(a) motion prior to seeking relief under Rule 50(b).
Allstate Settlement Corp. v. Rapid Settlements, Ltd.
In an action involving the payment of a settlement, district court's grant of summary judgment against defendant is affirmed where plaintiff is not subject to the awards issued in arbitration between defendant and co-defendant Ward, as plaintiff and defendant never agreed to arbitrate and there is not such an identity of interests between plaintiff and co-defendant in the outcome of the arbitration that justifies binding plaintiff to the award. District Court did not abuse its discretion in granting injunctive relief to plaintiff as defendant has a history of using the arbitration scheme to circumvent structured settlement payments and bind settlement obligors to arbitrations they did not consent to.
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