Brummett v. Taylor, No. 08-1962. Titan International, Inc., filed a federal racketeering lawsuit against the United Steelworkers of American and 130 union members regarding workers’ compensation claims Titan alleged were fraudulent. In a press conference regarding the lawsuit, Titan’s president, Maurice Taylor, stated that workers in Des Moines plant had used the mail to file [...]
Archive for June, 2009
Eighth Circuit holds that group defamation doctrine requires proof that others knew plaintiff was intended to be the object of the defamation.
Posted in Torts, tagged defamation, group defamation doctrine on June 30, 2009 | 3 Comments »
Arkansas Court of Appeals upholds requirement of two attesting witnesses to validate a will.
Posted in Trusts & Estates, tagged estate planning on June 26, 2009 | Leave a Comment »
Norwood v. Sellers, No. CA08-952. In 2003, Jeannie Rodgers signed as one of the attesting witnesses on the last will and testament of Thomas Norwood. In 2006, Rodgers signed an affidavit stating that (1) she had been a subscribing witness to the will, (2) Norwood asked her to sign the will, and (3) she signed [...]
New York school district may have to defend coach who pressed criminal charges against parent.
Posted in Torts, tagged duty to defend on June 24, 2009 | Leave a Comment »
John Matyas, a New York school district coach, was involved in an altercation with a parent. Although some school officials discouraged Matyas from pressing criminal charges against the parent, other school officials supported his decision. The parent was acquitted of the criminal charges and then sued Matyas for malicious prosecution. Matyas filed a petition under [...]
"Homosexual environment" insufficient reason to remove infant from lesbian home.
Posted in Family Law, tagged foster parents, sexual orientation on June 19, 2009 | 3 Comments »
The West Virginia Supreme Court ruled that Kathryn Kutil and Cheryl Hess, a lesbian couple, was entitled to an order preventing the removal of one of their seven foster children to a “traditional” home. In late 2007, the couple accepted the baby who was born with cocaine and oxycodone in her bloodstream. A month later, [...]
Arkansas Supreme Court upholds doctrine of parental immunity in case of "absent father."
Posted in Torts, tagged parental immunity on June 18, 2009 | Leave a Comment »
Greenwood v. Anderson, No. 08-1200. On December 30, 2006, Clifford Anderson, Jr., was driving a vehicle with Erica Greenwood and their five-and-a-half-month-old son, Michael Anderson, when they were involved in an automobile accident. Erica and Michael were killed in the accident. Michael’s maternal grandparents filed a negligence suit against Anderson on behalf of Michael’s estate. [...]
Order of protection not required for claim against police for failure to protect against domestic abuse.
Posted in Torts, tagged order of protection, police misconduct on June 17, 2009 | 1 Comment »
Under the Illinois Domestic Violence Act, law enforcement officers are required to remove a victim of domestic abuse from the scene so that he or she can obtain an order of protection. Margaret I. Wilson was shot and killed by her husband, David C. Wilson. Her estate sued the city of Joliet for breaching its [...]
Supreme Court tosses West Virginia justice from hearing lawsuit involving a major contributor to the justice’s election campaign.
Posted in Constitutional Law, Ethics, tagged judicial misconduct on June 8, 2009 | 2 Comments »
The case of Caperton v. A.T. Massey Coal from the West Virginia Supreme Court of Appeals has gotten a lot of attention, even from this blog (click here for details). The case was appealed to the United States Supreme Court over concerns regarding whether Justice Brent D. Benjamin should have recused from hearing the case [...]
Reporting of toddler drinking beer is insufficient to support a claim of defamation.
Posted in Constitutional Law, First Amendment, Torts, tagged defamation, free speech, parental rights on June 5, 2009 | 6 Comments »
According to Gladys Bird, she witnessed the two-year-old son of her neighbors, Anthony and Felicia Morgan, drinking from a Bud Light can during a backyard barbecue. She then saw a man come out of the Morgan home, yell, “Where is my damn beer?”, and then spank the child. Bird reported the incident to police and [...]
Arkansas Supreme Court upholds statute allowing members of military to be free from civil service during duty.
Posted in Constitutional Law, Practice & Procedure, tagged separation of powers, service of process on June 4, 2009 | 5 Comments »
Cato v. Craighead County Cir. Ct., No. 09-4. In 2007, Kevin Lawrence filed a lawsuit in Craighead County Circuit Court against Barrett Cato and other defendants relating to the firing of a gun, which struck Lawrence in the abdomen. Lawrence was able to serve Cato with a summons and complaint while he was on uniformed [...]
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