Category: Torts

Court Dismisses Defamation Lawsuit by Lawyer Against Prosecutor

In Kentucky, Kenton Circuit Court Judge Martin Sheehan has put an end to a relatively rare case of a lawyer suing a prosecutor for defamation. The lawsuit by lawyer (and radio personality) Eric Deters against Kenton Commonwealth’s Attorney Rob Sanders was thrown out on the basis that comments made about Deters were merely opinion.

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Chargers Doctor Loses Malpractice Case And Investigated By Federal Authorities

There is an interesting case involving the team doctor to the San Diego Chargers, Dr. David Chao. Kathleen Adams, a former patient, was awarded $2.2 million by an arbitration panel due to Chao botched hip surgery in 2007 in which he lacerated her femoral artery, vein and nerve. What is most interesting is that Chao, 46, has a long history of malpractice despite his high-profile position with the Chargers.
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Toddler Left in ER for Hours Until Her Feet and One Hand Are Amputated

We have another case of an alleged horrific injury due to the ever-present delays at emergency rooms in the United States. Malyia Jeffers, 2, was left for hours in the ER at the Methodist Hospital in Sacramento as her Strep A devoured her body. She ultimately lost both of her feet and one of her hands to amputations and she is fighting for her life at Stanford University’s Lucile Packard Children’s Hospital.
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Kentucky Officers Sued After Man Is Beaten At Horse Show

There is a disturbing case out of Kentucky this morning. State police and the FBI are reportedly investigating Owsley County deputy Sheriff Michael Havicus and Booneville Officer Timothy Marshall in the beating of John Adkins at a horse-riding event called the Fall Trail Ride. He was allegedly assaulted after he asked the officers if a band could continue to play at the event.
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Legal Mulligan: New York Court Rules Against Golfer Blinded By Fore-Less “Shanked Shot”

The New York Court of Appeals has ruled in favor of a golfer who failed to yell “Fore” and blinding another golfer in one eye. Dr. Anoop Kapoor and Dr. Azad Anand were playing on a nine-hole Long Island course in October 2002 when Kapoor took the swing without the warning. Anand was hit in the head and sued. However, the court found that he had assumed the risk by going on the golf course — even with a “shanked shot.”
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Publish or Perish Prosper: Law Professors Win Millions Over “Sham” Update of West Treatise

Law professors David Rudovsky of the University of Pennsylvania and Leonard Sosnov of Widener University have won an extraordinary verdict: $5.2 million in compensatory and punitive damages for defamation by West Publishing. At issue was a shoddy 2008 pocket part issued under their names. Rudovsky (left) called the update a “poorly researched ‘sham’ pocket part.”

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Has Johnson & Johnson Become Dumb & Dumber or Just Lax and Laxer?

Submitted by Mark Esposito, Guest Blogger

Even free marketeer Republicans are sick of it – literally. Rep. Darrell Issa, (R., Calif.),   has asked U.S. regulators to look into J & J’s use of a contract manufacturer to make Rolaids antacids that were recalled for quality problems. Issa has requested a probe of J & J product and identified the contract manufacturer as Best Sweet, a Mooresville, N.C., maker of confectionary-based consumer health-care products.

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When You’re a Jet, You’re A Jet All The Way . . .: Can Jets Assistant Coach Alosi Be Sued For Battery?

It is well known that I watch football games for the torts and New York Jets assistant coach Sal Alosi supplied a perfect case for battery this weekend. Despite the interesting legal dispute over the “one cheek, two cheek” rule in my Bears game, the jackbooted thugs at the network switched over to the “more competitive game” between the Dolphins and the Jets. I was quickly satiated, however, with the picture of Alosi tripping Miami’s Nolan Carroll on the sideline.

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Police Officer Allowed to Remain on Force after Arresting Man and Stealing Images of His Girlfriend From His Cellphone

William Vasilakos has a novel claim against Hartford, Connecticut Officer Michael Presti — alleging that Presti took his cellphones and then emailed revealing pictures of and videos of Presti’s girlfriend to his own phone.
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Florida School To Pay $350K After Teacher Has Nine-Year-Old Autistic Child Voted Out of Elementary Class

St. Lucie County School Board and the St. Lucie County School Classroom Teachers Association in the Southern District of Florida have settled an incredible lawsuit that we previously discussed. The family of nine-year-old Alex Barton sued after teacher Wendy Portillo forced an autistic child to stand in front of the class and be criticized — and then invited the classmates to vote him out of the class. The school will now pay a $350,000 settlement — and Portillo will return to the classroom after a yearlong suspension.
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Mother Arrested After Funeral For Daughter Whom She Falsely Claimed Was Raped and Murdered

In Indiana, Angela J. Boyd, 38, was in the midst of a moving eulogy at her daughter’s funeral when it was interrupted by her brother in a truly soap-opera moment. The brother stood up to say that his 15-year-old niece was very much alive.
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