Westlaw Journals weekly round-up

February 25, 2015

Westlaw Journals Weekly RoundupSome highlights from recent litigation news headlines over at the Westlaw Journal blog include a ruling about a Minnesota hospital and its decision not to admit a suicidal teen; California’s high court says on-call security guards must get paid for sleeping; and Uber must face unfair-competition claims in Boston federal court:

Minnesota hospital immune from liability over decision not to admit suicidal teen: A hospital that declined to voluntarily admit a teenager who later committed suicide is immune from liability for his death because it acted in good faith pursuant to state law, the Minnesota Court of Appeals has ruled. On Feb. 9, a panel of three judges unanimously reversed a trial court’s decision to deny summary judgment to defendants Allina Health System and Allina Clinic Holdings under the Minnesota Commitment and Treatment Act, Minn. Stat. § 253B.23. (Medical Malpractice)

On-call security guards must be paid for sleeping, California high court says: Construction site security guards who spend part of their shifts on call to respond to alarms must be paid for that time under California law, and employers cannot exclude hours for sleep from compensable time, the state Supreme Court has ruled. The state wage regulation that applies to security guards requires CPS Security Solutions Inc. to pay the guards based on the level of control the company has over them, the unanimous court said Jan. 8, affirming an appellate decision. (Employment)

Insurer had no duty to cover theft of $111,000 worth of 5-Hour Energy shots: An insurer did not act in breach of contract or bad faith when it refused to provide coverage to a wholesaler for more than $111,000 in missing 5-Hour Energy-brand shots based on a policy exclusion dealing with proof of loss, an Alabama federal judge ruled Jan. 29. U.S. Magistrate Judge Charles S. Coody of the Middle District of Alabama said the wholesaler had used “inventory calculations” to prove a loss had occurred, but the policy prohibits using this method as the only source to show a loss. (Insurance Bad Faith)

Uber must face Boston cab companies’ unfair-competition claims, judge says: Uber Technologies must continue defending against state law claims alleging the ride-sharing service unfairly operates in Boston without complying with Massachusetts law and city taxicab ordinances, a federal judge has ruled. Boston Cab Dispatch and EJT Management, two businesses required to comply with relevant taxicab rules, sufficiently claimed that Uber’s acts caused them to lose business or money, U.S. District Judge Nathaniel M. Gorton of the District of Massachusetts decided Jan. 26. (Computer & Internet)

Florida couple says bed design caused daughter’s death: A Florida furniture chain is facing a wrongful-death lawsuit by parents who say their daughter died after becoming entrapped between the mattress and footboard of their king-sized bed. In a complaint filed in the Duvall County Circuit Court on Jan. 23, Karen and Garvin Thomas accuse furniture chain owner W.S. Badcock Corp. of negligent design, manufacture and sale of its Empire Collection king-sized bed set. (Products Liability)