In 1988, BNSF Railway and Union Pacific Railroad sold their interest in a parcel of land in Stockton, California, to the city’s redevelopment agency. That agency then sold a portion to a commercial developer who discovered that the soil and groundwater had long been contaminated. Officials determined that (1) a nearby petroleum facility was source [...]
Archive for the ‘Torts’ Category
Ninth Circuit explains that passive causation is insufficient to create liability under nuisance laws.
Posted in Environmental Law, Torts, tagged but-for causation, nuisance on June 29, 2011 | Leave a Comment »
New Mexico Supreme Court allows suit against pharmaceutical representatives under liquor liability law.
Posted in Torts, Transportation Law, tagged liquor liability on May 16, 2011 | Leave a Comment »
In April 2005, Alicia Gonzales ended up with a blood alcohol content level that was twice the legal limit after drinking at an all-day business luncheon, which began at a Chili’s restaurant and concluded in a pair of bars eight hours later. Four pharmaceutical representatives—two from Schering Corp., one from Abbott Laboratories, and one from [...]
Utah Supreme Court holds that reference to large verdict in McDonald’s coffee case unreasonably influenced jury.
Posted in Torts, tagged McDonald's coffee cas on April 21, 2011 | 1 Comment »
Kerry Christensen drove a truck that hit John Boyle in the crosswalk of a grocery story parking lot. Boyle, a former professional golfer, underwent back surgery after the accident and lost his job at a golf shop because he cannot carry two buckets of golf balls at a time. Christensen admitted liability, and the case [...]
Texas Court of Appeals rules that woman’s criticism of former mayor did not constitute slander.
Posted in Constitutional Law, First Amendment, Torts, tagged free speech, slander on January 11, 2011 | Leave a Comment »
Ester Salinas spent a decade researching the area surrounding the Hayes-Sammons pesticide plant in Mission, Texas. She found that hundreds of children in the area were stillborn, while many others were born with birth defects. Pat Townsend was city manager in 2000, and he ordered the site to be tested by a toxicologist Ester Salinas [...]
Arkansas Court of Appeals lists factors for determining whether information qualifies as a trade secret.
Posted in Business Law, Torts, tagged trade secrets on October 6, 2010 | 2 Comments »
Bradshaw v. Alpha Packaging, Inc., No. CA09-1141. Facts Alpha Packaging, Inc. (“Alpha Packaging”), manufactures and sells packing and shipping supplies. In January 2006, Alpha Packaging formed Edge Marketing division (“Edge Marketing”), which was devoted to point-of-purchase (“POP”) design and sales. Luke Bradshaw was hired as division president, and Bill Davis, Andrew Powviriya, and Ed Wonnacott [...]
Arkansas Court of Appeals holds that a bank’s full, fair, and truthful disclosure of suspicious financial activity to a prosecutor is a defense to malicious prosecution.
Posted in Criminal Law, Torts, tagged malicious prosecution on April 29, 2010 | 4 Comments »
Brooks v. First State Bank, N.A., No. CA 09-767. In December 2005, Ressie Lee Brooks was notified by a bogus company that she had won a $50,000 sweepstakes. She was told that a check representing partial payment of $2,270 would be sent to her and that she should cash the check and return the funds [...]
Illinois Supreme Court strikes down cap of medical malpractice awards as a violation of separation of powers.
Posted in Constitutional Law, Health Law, Medical Malpractice, Torts, tagged Medical Malpractice, pain and suffering, separation of powers on February 5, 2010 | 5 Comments »
In 2005, Illinois adopted a law that limited jury awards for pain and suffering to $500,000 against doctors and $1 million against hospitals. Illinois medical and business industries supported the cap, claiming jury awards against medical providers had led to astronomical malpractice insurance rates, which in turn, had driven doctors out of the state. Trial [...]
Eighth Circuit holds that state law claims of failure to warn against generic manufacturers are not preempted by the FDCA.
Posted in Constitutional Law, Torts, tagged failure to warn, FDA, FDCA, preemption on December 3, 2009 | Leave a Comment »
Mensing v. Wyeth, Inc., No. 08-3850. In March 2001, Gladys Mensing’s doctor prescribed Reglan to treat her diabetic gastroparesis, and her pharmacist filled the prescription with the generic version of Reglan, metoclopramide. After taking metoclopramide for four years, Mensing developed tardive dyskinesia, a severe neurological movement disorder. Mensing filed suit against the manufactures of metoclopramide [...]
Reports of cooperation in prosecuting mob boss is insufficient for defamation claim in New York.
Posted in Torts, tagged defamation on December 1, 2009 | Leave a Comment »
In March 2006, two New York-area newspapers, the New York Daily News and the Polish Daily News, referred to Shemtov Michtavi as a “key lieutenant” of mob figure Ze’ev Rosenstein and reported that he planned to testify against Rosenstein. Michtavi is currently serving 20 years in prison for drug offenses. He filed a defamation claim [...]
Small victory for The Game in defamation case against him.
Posted in Constitutional Law, First Amendment, Torts, tagged defamation, free speech, police misconduct on November 13, 2009 | Leave a Comment »
Rapper Jayceon “The Game” Taylor was at a mall in Greensboro, North Carolina, when security guards told one of his entourage to stop filming without permission. He refused. The security guards called police. The Game refused to leave, and a crowd gathered to support him. The police dispersed the crowd with pepper spray and arrested [...]
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