All posts by Conor Tobin

Appeals, Auto Insurance, Personal Injury, Underinsured Motorist Insurance, Wrongful Death

Minnesota Supreme Court to hear appeal in 2008 fatal bus crash case

Minnesota SealOn January 13, 2015, the Minnesota Supreme Court will hear an appeal from the victims of a 2008 school bus crash in Cottonwood in Lyon County.  The crash was major news in Minnesota for several months as the criminal case played out.  The bus had been crashed into by a pickup truck driven by Guatemalan immigrant, Olga Marie Franco, who was charged in state court with criminal vehicular homicide and operation and was subsequently charged in federal court with aggravated identity theft and false representation of a social security number.

As a result of the crash, 4 children were killed and 15 people were injured when the collision occurred and the bus tipped over. Continue reading Minnesota Supreme Court to hear appeal in 2008 fatal bus crash case →

Personal Injury, Supreme Court, Uncategorized, Wrongful Death

January 13, 2015 Supreme Court: Kellogg Brown & Root Services, Inc. v. Harris

Kellogg Brown & Root Services, Inc. v. Harris

Used under Creative Commons License
Used under Creative Commons License

Can the family of a soldier who died when he was electrocuted while showering in a facility constructed by a military contractor sue the contractor for the soldier’s wrongful death?  Kellogg Brown & Root Services, Inc. v. Harris will address this question.  Cases like this are so  fascinating because they are really a gate-keeper issue, that is, they address whether a person can even access the court to present a claim.

The case deals with the Federal Tort Claims Act and began when a military staff sergeant was electrocuted while taking a shower due to an ungrounded wire.  The family sued the contractor for wrongful death that was allegedly to the negligent maintenance by the contractor, Kellogg, Brown & Root Services, Inc. Continue reading January 13, 2015 Supreme Court: Kellogg Brown & Root Services, Inc. v. Harris →

Employment Law, Supreme Court

January 13, 2015 Supreme Court: Mach Mining v. EEOC

Mach Mining v. EEOC

Used under Creative Commons License
Used under Creative Commons License

On January 13, 2015, the Court will hear arguments in  Mach Mining v. Equal Opportunity Employment Commission (No. 13-1019). The case originated in 2008 in Illinois after a woman filed a complaint with the EEOC alleging that Mach Mining had refused to hire her for a mining job because of her gender.  The agency investigated and found there was reasonable cause to believe Mach Mining had discriminated against a class of female individuals.  In 2010, the EEOC notified Mach Mining of its intent to begin informal conciliation.  The company and the EEOC discussed possible resolutions, but they never reached one.  In 2011, the EEOC notified Mach Mining that it had determined the conciliation process had been fruitless and further efforts would be futile. Continue reading January 13, 2015 Supreme Court: Mach Mining v. EEOC →

Supreme Court, Uncategorized

January 12, 2015 Supreme Court: Oneok v. Learjet

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Used under Creative Commons License

Up next is Oneok v. Learjet (No. 13-271) (which involved numerous parties in In re: Western States Antitrust Litigation). While maybe not as enthralling as First Amendment issues, this case deals with the wholesalers charging retail purchasers higher fees.  More importantly, it addresses the ability/right of retail purchasers to allege anti-trust violations in court. Continue reading January 12, 2015 Supreme Court: Oneok v. Learjet →

Equal Protection, First Amendment, Supreme Court

January 12, 2015 Supreme Court – Reed v. Gilbert

Oblique_facade_3,_US_Supreme_Court

The United States Supreme Court is set to hear arguments this term in some interesting cases.

Up first is Reed v. Gilbert, AZ (No. 13-502) involving the First Amendment.   This case involves a the Town of Gilbert‘s sign ordinance (its “Sign Code”) and the Good News Community Church‘s temporary signage directing people to its location for Sunday worship.

Of the January 2015 cases, Reed seems to have the least agreement by the parties of what the issue is before the Supreme Court. Reed and the Good News Church asked if the “mere assertion” of the Town of Gilbert that its sign ordinance was “content neutral” was sufficient.   The Town of Gilbert posed the question as whether the Ninth Circuit correctly concluded the 2008 version of a temporary directional sign ordinance for qualifying events sponsored by nonprofit organization was constitutional for Reed and the Good News Church’s activities. Continue reading January 12, 2015 Supreme Court – Reed v. Gilbert →