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Archive for the ‘Torts’ Category

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 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 [...]

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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 , , on February 5, 2010 | 4 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 [...]

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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 , , , 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 [...]

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Reports of cooperation in prosecuting mob boss is insufficient for defamation claim in New York.

Posted in Torts, tagged 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 [...]

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Small victory for The Game in defamation case against him.

Posted in Constitutional Law, First Amendment, Torts, tagged , , 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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Fifth Circuit allows property owners to sue over pollution that elevated sea levels and worsened effects of Hurricane Katrina.

Posted in Constitutional Law, Environmental Law, Torts, tagged , on October 20, 2009 | Leave a Comment »

Following the Second Circuit decision in Connecticut v. AEP–which reinstated federal public nuisance claims of eight states, New York City, and three land trusts against six power companies over carbon dioxide emissions—the Fifth Circuit rejected a lower court’s findings that global-warming disputes are best resolved by the political branches of government. Instead, the court held [...]

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Arkansas Supreme Court holds that enactment of corporate philosophy emphasizing profits over medical care is insufficient for personal liability.

Posted in Torts, tagged , , on October 5, 2009 | Leave a Comment »

Bayird v. Floyd, No. 08-1099. John Bayird, as administrator for the estate of his deceased mother, Mamie Elliott, filed a complaint against William Floyd and several Beverly entities related to Elliott’s care and treatment while she was a resident of a nursing home in Monticello. Floyd was the chief executive officer of Beverly during the relevant [...]

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Arkansas Court of Appeals holds that advice regarding legal matters may be sufficient for privity for malpractice action.

Posted in Probate Law, Torts, tagged , , , , on October 1, 2009 | 1 Comment »

Howard v. Adams, No. CA08-1190. Facts Relating to Bill Watkins In the latter part of 1998, Odis and Mabel Howard visited attorney Bill Watkins to obtain estate-planning services. Watkins drafted (1) a revocable trust to hold all of Otis’s and Mabel’s property and (2) a deed transferring Odis’s forty-six-acre tract of land to the trust. [...]

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Explanation of Torts by Rincker Law

Posted in Torts on September 17, 2009 | 1 Comment »

A fellow legal blogger, Cari Rincker, at Agriculture Law and Policy Blog, outlines the different types of torts available under common law.  While some of the explanation relates to agricultural law, the article is a very good primer of tort law.

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Reference to McDonald’s coffee case is shorthand for excessive damages.

Posted in Practice & Procedure, Torts, tagged , on September 11, 2009 | 1 Comment »

Kerry Christensen drove his car through a grocery store parking lot and hit pedestrian John Boyle.  When Boyle sued Christensen, Christensen admitted liability.  A jury trial was held to determine damages.  During closing argument, Christensen’s counsel stated the following:  How many days has it been since the accident? How many days for the rest of [...]

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