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 [...]
Archive for the ‘Torts’ Category
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 public nuisance, separation of powers on October 20, 2009 | Leave a Comment »
Arkansas Supreme Court holds that enactment of corporate philosophy emphasizing profits over medical care is insufficient for personal liability.
Posted in Torts, tagged corporate philosophy, nursing home litigation, Rule 54(b) 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 [...]
Arkansas Court of Appeals holds that advice regarding legal matters may be sufficient for privity for malpractice action.
Posted in Probate Law, Torts, tagged attorney fees, estate planning, legal malpractice, privity, statute of limitations on October 1, 2009 | 2 Comments »
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. [...]
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.
Reference to McDonald’s coffee case is shorthand for excessive damages.
Posted in Practice & Procedure, Torts, tagged compensatory damages, McDonald's coffee case 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 [...]
According to the Third Circuit, the Federal Food, Drug and Cosmetic Act does not preempt state law regarding deceptive labeling of juice products.
Posted in Constitutional Law, Torts, tagged deceptive labeling, FDCA, NLEA on August 14, 2009 | Leave a Comment »
In 2007, Stacy Holk purchased two Snapple drinks labeled as “all natural.” According to a class action she later brought in New Jersey state court against Snapple for deceptive labeling, Holk claimed that the drinks contained high-fructose corn syrup and other artificial ingredients. Snapple removed the case to federal court, and the trial court later [...]
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 »
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 [...]
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 [...]
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 [...]
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