Sheehan And Arline Obtain Motion To Dismiss With Prejudice In Wrongful Death Suit

Noelle Sheehan (Partner-Orlando) and Kathy Arline (Associate-Orlando) obtained a dismissal with prejudice from the Fifth Judicial Circuit, Sumter County, FL, in a wrongful death lawsuit against Wilson Elser’s clients, an assisted living facility (ALF), its administrator, and the facility’s operations, management and ownership entities. The 60-page complaint alleges wrongful death, breach of fiduciary duty, and aiding and abetting the breach of fiduciary duty involving an ALF resident allegedly injured and ultimately succumbing to her […]

By | June 8th, 2023 ||

Supreme Court: False Claims Act Liability Depends On Defendant’s Subjective Belief

On June 1, 2023, in United States ex rel. Schutte, the United States Supreme Court held that, to impose liability on an employer for “knowingly” submitting a false claim to the government for payment, it is sufficient for the plaintiff to prove that the employer knew or suspected that the submission was false, even if an objectively reasonable person may have known or believed otherwise. Reviewing two FCA decisions of the Seventh Circuit, the Court […]

By | June 6th, 2023 ||

Glassman v. Safeco Ins. Co. Of Am

In Glassman v. Safeco Ins. Co. of Am., 90 Cal. App. 5th 1281, 1281 (2023), the Sixth District Court of Appeal affirmed the trial court’s denial of the plaintiff’s request for prejudgment interest under section 3287(a) on plaintiff’s excess underinsured motorist (“UIM”) coverage claim, which resulted in an arbitration award.

The plaintiff had prevailed in a UIM arbitration against respondent Safeco Insurance Company of America. The arbitration agreement was contained in a Safeco umbrella policy that […]

By | June 4th, 2023 ||