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Search : U.S. Supreme Court : Injury And Tort Law : From 10/01/05 To 07/01/06

Number of summaries found: 12
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Court: U.S. Supreme Court
Topic: Bankruptcy Law, Debt Collection, ERISA, Injury And Tort Law, Insurance Law, Labor & Employment Law, Workers' Compensation
Title: Howard Delivery Serv., Inc. v. Zurich Am. Ins. Co.
Date: 06/15/06
Case Number: 05–128
Summary: In the context of bankruptcy law, premiums owed by an employer to a workers' compensation carrier do not fit within 11 U.S.C. section 507(a)(5), which accords priorities, among unsecured creditors' claims, for unpaid contributions to "an employee benefit plan."

Court: U.S. Supreme Court
Topic: Administrative Law, Civil Procedure, Contracts, ERISA, Government Law, Injury And Tort Law, Insurance Law
Title: Empire Healthchoice Assurance, Inc. v. McVeigh
Date: 06/15/06
Case Number: 05–200
Summary: Dismissal, for want of subject-matter jurisdiction, of petitioner-carrier's suit seeking recovery from the proceeds of state-court litigation for a beneficiary's medical care is affirmed since 28 U.S.C. section 1331, authorizing jurisdiction over "civil actions arising under the...laws...of the United States," did not encompass the carrier's action.

Court: U.S. Supreme Court
Topic: ERISA, Injury And Tort Law, Insurance Law, Remedies
Title: Sereboff v. Mid Atlantic Med. Servs., Inc.
Date: 05/15/06
Case Number: 05–260
Summary: Judgment in favor of a health insurance plan administrator in its suit brought under ERISA seeking to collect medical expenses it had paid on defendants' behalf from a tort recovery they subsequently received is affirmed where, under the circumstances, section 502(a)(3) of ERISA authorized recovery as the relief requested by the administrator was "equitable" under the provision.

Court: U.S. Supreme Court
Topic: Administrative Law, Civil Procedure, Debt Collection, Government Benefits, Government Law, Health Law, Injury And Tort Law
Title: Arkansas Dep't of Health & Human Servs. v. Ahlborn
Date: 05/01/06
Case Number: 04–1506
Summary: Federal Medicaid law does not authorize a state's department of health services to assert a lien on a settlement in an amount exceeding the portion of the tort claimant's settlement constituting reimbursement for medical payments made, and a federal anti-lien provision affirmatively prohibits it from doing so. State third-party liability provisions are unenforceable insofar as they compel a different conclusion.

Court: U.S. Supreme Court
Topic: Civil Procedure, Injury And Tort Law, Probate, Trusts & Estates
Title: Marshall v. Marshall
Date: 05/01/06
Case Number: 04–1544
Summary: A determination by the Ninth Circuit Court of Appeals that the probate exception applied so as to bar petitioner-Anna Nicole Smith's tortious interference claim is reversed where the Ninth Circuit had no warrant from Congress, or from decisions of the Supreme Court, for its sweeping extension of the probate exception.

Court: U.S. Supreme Court
Topic: Civil Rights, Constitutional Law, Criminal Law & Procedure, Government Contracts, Government Law, Injury And Tort Law
Title: Hartman v. Moore
Date: 04/26/06
Case Number: 04–1495
Summary: A plaintiff in a retaliatory-prosecution action must plead and show the absence of probable cause for pressing the underlying criminal charges.

Court: U.S. Supreme Court
Topic: Administrative Law, Civil Procedure, Government Law, Injury And Tort Law, Labor & Employment Law
Title: Dolan v. US Postal Serv.
Date: 02/22/06
Case Number: 04–848
Summary: Dismissal of plaintiff's Federal Tort Claims Act (FTCA) suit against the postal service for personal injuries suffered when she tripped and fell over mail left on her porch by postal employees is reversed where a statutory postal exception to the FTCA's waiver of sovereign immunity does not apply.

Court: U.S. Supreme Court
Topic: Civil Procedure, Civil Rights, Injury And Tort Law, Labor & Employment Law
Title: Arbaugh v. Y & H Corp.
Date: 02/22/06
Case Number: 04–944
Summary: The threshold number of employees for application of Title VII to an employer is an element of a plaintiff's claim for relief, not a jurisdictional issue.

Court: U.S. Supreme Court
Topic: Civil Procedure, Civil Rights, Criminal Law & Procedure, Cyberspace Law, Injury And Tort Law, Intellectual Property, Trade Secrets
Title: Will v. Hallock
Date: 01/18/06
Case Number: 04–1332
Summary: A refusal to apply the Federal Tort Claims Act's judgment bar is not open to collateral appeal.

Court: U.S. Supreme Court
Topic: Civil Rights, Constitutional Law, Criminal Law & Procedure, Health Law, Injury And Tort Law
Title: US v. Georgia
Date: 01/10/06
Case Number: 04–1203, 04–1236
Summary: Insofar as Title II of the American with Disabilities Act creates a private cause of action for damages against states for conduct that actually violates the Fourteenth Amendment, Title II validly abrogates state sovereign immunity.

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