Johnson v. Rockwell Automation, Inc., No. 08-1009. In February 2004, Darrell Johnson, an employee of Eastman Chemical Company, was injured while working on an Allen-Bradley starter bucket. The starter bucket was designed, manufactured, and supplied to Eastman by Rockwell Automation. Johnson brought suit in federal court, alleging that the safety interlock on the starter bucket [...]
Archive for April, 2009
Arkansas Supreme Court strikes portions of tort reform law as violating separation of powers.
Posted in Constitutional Law, Practice & Procedure, Torts, tagged Civil Justice Reform Act, separation of powers, tort reform on April 30, 2009 | 11 Comments »
In the Ninth Circuit, "Yeah…they’re just lying to you" is not defamation.
Posted in First Amendment, Torts, tagged defamation, free speech on April 29, 2009 | Leave a Comment »
Tom Martino of the consumer-advocacy show, “The Tom Martino Show,” invited Melissa Feroglia to call in to discuss her dispute with Mt. Hood Polaris concerning a jet ski she had purchased. According to Feroglia, the jet ski repeatedly overheated and quit running. Mt. Hood Polaris replaced the engine, but when that repair did not solve [...]
"Other insurance" clause of umbrella policy trumps insolvency of primary insurer in gap-in-coverage dispute.
Posted in Insurance Law, tagged insolvency, other insurance clause, primary insurance, umbrella insurance on April 27, 2009 | 2 Comments »
Northwest Insurance Law Blog has an interesting summary of the recent Ninth Circuit decision in California Insurance Company v. Stimson Lumber Co.
Employer not responsible for employee’s accidental shooting of customer while brandishing a gun.
Posted in Employment Law, Torts, tagged employment services, job duties on April 27, 2009 | 1 Comment »
A Texas gas station was sued after its employee, Patrick Chang, accidentally shot a customer, Gary Williams. Another customer asked Chang if the store sold bullets. Chang responded by retrieving his personal guns to show them to the customer. He began playing with the gun, drawing it as if he were in a Hollywood Western, [...]
Connecticut in line to become second state to officially sanction same-sex marriage.
Posted in Constitutional Law, Legislation, tagged same-sex marriage on April 23, 2009 | Leave a Comment »
The Connecticut General Assembly has drafted legislation allowing same-sex couples to marry after the Connecticut Supreme Court held that the state constitution required the same. Governor M. Jodi Rell has noted she will sign the bill. For a full account of the story, click here. Vermont has already passed legislation allowing same-sex marriages. Massachusetts and [...]
Arkansas Court of Appeals uses doctrine of de minimis non curat lex to strike claim for post-judgment interest.
Posted in Practice & Procedure, tagged de minimis non curat lex, tender on April 22, 2009 | Leave a Comment »
Carder Buick-Olds Co. v. Wooten, No. CA08-898. In 1991, Carder sued Wooten related to the operation and sale of a used car business. The parties reached a proposed settlement in 1992, but Carder later stated that no settlement had been agreed upon. Wooten filed a motion to enforce the settlement, which the court granted in a [...]
Sixth Circuit judge asserts capital punishment system is broken “beyond repair.”
Posted in Constitutional Law, Criminal Law, tagged capital punishment on April 21, 2009 | Leave a Comment »
For an interesting review of the recent case of Wiles v. Bagley and the concurring opinion of Judge Boyce F. Martin, Jr., click here.
Teacher allowed to proceed with defamation action against fellow teacher who accused her of threatening to kill her students.
Posted in Torts, tagged defamation on April 21, 2009 | Leave a Comment »
Sopharie Leang, who taught English as a second language (“ESL”) in New Jersey, sued Vladimir Ashworth, another ELS teacher, for telling students, school officials, and the police that she stated, “I’m so stressed out I could kill 22 people.” Leang had 22 people in her class at the time of the alleged statement. According to [...]
Just in time for Earth Week, this week’s Blawg Review is hosted by Green Patent Blog.
Posted in Blawg Review, tagged Blawg Review on April 20, 2009 | Leave a Comment »
Downtown Lawyer has been included in Blawg Review #208. A big thanks to Green Patent Blog and Blawg Review for including me!
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