The Supreme Court has ruling in the Dilling case where a woman sued the parents of her deceased finance for not disclosing to her that he had AIDS. The “Jane Doe” plaintiff had won $2 million in 2004, but the Supreme Court said that she had reason to question the health of Albert Dilling before they had unprotected sex. Continue reading “Illinois Supreme Court Denies Appeal Against Parents of AIDS Carrier”
Category: Torts
Jessica Lang, a South Carolina woman, is suing Victoria’s Secret for a product defect claim involving a bra. Lang claims that the bra in 2005 “malfunctioned,” leaving a 3-inch long, ¼-inch deep laceration on her left breast. The case appears to be brought in negligence rather than strict liability as “negligently and carelessly manufactured” and was “unsafe for its intended use.”. Continue reading “Victoria Secret Sued Over Bra Malfunction”
The tobacco industry won a major appeal today when the Second Circuit threw out an $800 billion class-action lawsuit based on allegedly misleading light cigarettes ads. While light or low-tar cigarettes have proven the most promising area of litigation for plaintiffs, there is a strong trend against massive class actions. Continue reading “$800 Billion Up in Smoke: Court Throws Out Massive Class Action on Light Cigarettes”
Borat can now claim “Legal Learnings of America for Make Benefit Glorious Nation of Kazakhstan.” A judge in New York has dismissed a defamation case against Sacha Baron Cohen and the producer, Twentieth Century Fox, of the movie “Borat. Jeffrey Lemerond is shown in an extremely poor light in the movie as he screams “Go Away” and appears to flee Borat when he tries to hug him. Federal Judge Loretta Preska treated the film as the equivalent to a news story in order to dismiss the complaint. Cohen has largely been successful in a variety of court challenges to the film. Continue reading “Very Nice: Borat Wins Defamation Case”
It took only a week. Police have arrested a couple who allegedly posted the Craigslist ad offering the contents of Robert Salisbury’s home. They are Brandon and Amber Herbert and ideally they will not be the last people to be charged. Continue reading “Police Arrest Couple Behind Craigslist Ransacking Hoax”
It appears that the national outcry over Wal-Mart’s litigation against Deborah Shank — a brain-damaged former employee — has forced the giant corporation to back off. It will no longer try to collect $400,000 from Shank and her cancer-victim husband. Continue reading “Wal-Mart Backs Down in its Litigation Against Brain Damaged Former Employee”
With the various legal controversies involving Wal-Mart, one would think that its legal department would seek to avoid another lawsuit. Yet, Wal-Mart’s hard-nosed approach to legal disputes appears to be again getting the store into hot water — this time with the U.S. government. Wal-Mart reportedly refused to re-hire Sean Thornton, a former airman with the United States Air Force, after he returned from deployment, leading to a lawsuit by the Justice Department in Orlando Florida. Continue reading “Big Box, Small Heart: Wal-Mart Sued By U..S. Over Termination of Veteran”
Max Mosley, President of the Fédération Internationale de l’Automobile (FIA), is at the center of scandal that makes ex-Gov. Eliot Spitzer look like a junior leaguer. In the video shown below, Mosley is reportedly engaged in a five hour orgy with five prostitutes dressed as Nazi guards — a particularly embarrassing performance given the fact that Mosley’s father, Oswald, was the pre-war leader of Britain’s fascist “blackshirts” and even invited Adolf Hitler to his wedding. Update: Mosley prevailed in a court action in showing that the party did not have a Nazi theme and that his privacy was violated. Continue reading “Max Mosley Shown on Video in Five Hour Sado-Masochistic Orgy”
While after today some may complain about chronic indictment outbreaks at the Bush White House, here, service in Iowa’s Democratic Governor’s mansion may actually be a risk to your health. Officials now believe that a rare lung disease found among various employees is linked to bird or bat droppings at the mansion called Terrace Hill. Ironically, the headquarters of the American Lung Association has also been cited as a possible exposure point. The case would appear to fit neatly into the expanding cases involving “sick building syndrome.” Continue reading “Iowa Governor’s Mansion Found Hazardous “Sick Building””
The litigation against the city of San Francisco began this week over the Christmas Day Tiger attack with papers filed by brothers, Kulbir and Paul Dhaliwal. As the claim below indicates, they are contesting claims of contributory negligence ad assumption based on their own conduct, contending that the 243-pound Siberian tiger named Tatiana was held improperly. Continue reading “Brothers File Against City in San Francisco Zoo Attack”
The Texas Supreme Court has issued an very interesting and important new tort ruling: the state’s “first free bite” rule does not excuse an owner of the duty to intervene and render aide once an attack begins. The ruling for dog-bite victim
Genevia Bushnell not only alters the understanding of the one-free-bite rule but alters the “no-duty-to-rescue” rule. Continue reading “One Free Bite vs. Duty to Rescue: Texas Supreme Court Expands Liability in Dog Attacks”
Jennifer Latham was arrested yesterday is an extraordinary crime in Florida. After parents allegedly stopped her from stealing their baby while pretending to be a nurse, she simply grabbed another baby and walked out of the hospital. She was caught later and the baby returned. She now faces charges that could keep her in jail for decades. Continue reading “Woman Arrested After Attempting to Kidnap One Baby and Then Succeeding in Taking Another Baby from Hospital”
Larry Silverstein, president and CEO of Silverstein Properties, the developer of the World Trade Center in New York is seeking $12.3 billion in damages from the airlines and other companies for damages related to the September 11 terrorist attacks. The defendants include American Airlines, United Airlines, Continental Airlines and Boeing. Continue reading “Developer Lawsuit Seeks $12.3 Billion in 9-11 Damages”
Across the country, there is an expanding trend of state supreme courts limits the use of class actions, punitive damages, and industry-wide liability theories. This week brought another major such ruling out of New Jersey. In Tarr v. Bob Ciasulli’s Mack Auto Mall, the court ruled that punitive damages can only be used to punish a defendant and not simply to deter others. For sexual harassment plaintiff Carol Tarr, it means a remand on the issue. Continue reading “New Jersey Supreme Court Limits the Use of Punitive Damages”
One of my students spotted the video below on a restaurant that is placing open beer taps at tables. The idea presents not just novel possibilities for parties but also lawsuits. Continue reading “Innovation or Litigation? Beer Table Taps Could Present Novel Dram Shop Questions”