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Category Archives: In The News This Week
Can Plaintiff’s Delay In Serving a Lawsuit Lead to a Dismissal?
Plaintiff brought a product liability lawsuit alleging that defendant’s defective design and manufacturing of a dish caused her to suffer injuries. She sustained burns to her arms when defendant’s dish broke as she was carrying hot foods. The plaintiff filed … Continue reading
Posted in In The News This Week
Tagged defective design, defective manufacturing, expert witness, motion to dismiss, product liability, statute of limitation, statutes of limitation
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Do Horse Owners Have a Duty to Limit the Spread of a Potential Virus?
This lawsuit arose out of a quarantine imposed to prevent the spread of a virus amongst thoroughbred horses at a New Jersey stable. The virus was traced back to a Canadian stable owned by the defendants. Around the time of … Continue reading
Posted in In The News This Week
Tagged Churchill Downs, Diane Crumpus, Kentucky Derby, Kevin Krigger, negligence, Rosie Napravnik, strick liability, summary judgment
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Is a High School Liable for a Student’s Prank?
A high school hockey player stayed after school to workout when a friend played a prank on him that caused him to sustain a wrist injury. He sued his high school for negligence. A lower court granted the high school’s … Continue reading
Posted in In The News This Week
Tagged Frank Zamboni, high school, ice hockey, invention, negligence, prank, puck, zamboni
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It’s Not in One’s Interest to Ignore a Complaint
Grammy-winning rapper Artis Leon Ivy, Jr., commonly known as Coolio, was sued after he jumped on a concertgoer’s back after one of his performances. The patron brought a lawsuit alleging assault and battery, intentional infliction of emotional distress, negligent infliction … Continue reading
Posted in In The News This Week
Tagged Albert King, Artis Leon Ivy, assault, battery, Coolio, default judgment, Donna Summer, grammy-winner, intentional infliction of emotional distress, Lou Adler, negligence, negligent infliction of emotional distress, Public Enemy, Quincy Jones, Randy Newman, rapper, Rock and Roll Hall of Fame, Rush Heart
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Would Humpty Dumpty Have a Legitimate Claim Today?
A teenager sued a rock-climbing facility for negligence after suffering injuries from a fall. The accident occurred after the teenager reached the top of the wall, approximately 20-24 feet high, and was on his way down. The safety rope, which … Continue reading
Posted in In The News This Week, Uncategorized
Tagged 8000+ mountain peaks, breach of duty, duty, Ed Viesturs, Melissa Arnot, mountaineering, negligence, rock climbing
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Did a Beauty Cream Cause More Harm Than Good?
A Connecticut woman filed a complaint against Avon Products, Inc. alleging two of their creams were defective and caused her to suffer skin irritations. Avon moved for summary judgment. The District Court granted their motion and dismissed the case because … Continue reading
Posted in In The News This Week
Tagged Avon, Avon Products, breach of express warranty, cosmetics, failure to warn, Inc. Consumer Reports, misrepresentation, negligence, nondisclosure, product liability, recalls, strict liability
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Do Kids Have First Amendment Rights?
An elementary school in Pennsylvania prevented a 5th grade student from distributing a flyer to her classmates (during non-instructional time) inviting them to a Christmas party at her church. The student sued. A lower court noted that students at that … Continue reading
Posted in In The News This Week
Tagged Bill of Rights, courts, elementary school, first amendment, free speech, national constitution center, U.S. Supreme Court
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Can the Mayor Put The Lid on Sugary Drinks in NYC?
Mayor Michael Bloomberg attempted to institute a ban on the sale of 16-ounce, or greater, sugary soft drinks in New York City. His intention was to curb obesity, which has led to approximately $4,000,000,000.00 in medial costs. The National Restaurant … Continue reading
Did the Creators of Heroes Copy Someone Else’s Storylines?
Jazan Wild, a cartoonist, sued NBC Universal for copyright infringement claiming their network show, Heroes, was substantially similar to his graphic novel, Carnival of Souls. A lower court analyzed both Heroes and Carnival of Souls in detail and found that … Continue reading
Posted in In The News This Week
Tagged Batmobile, Carnival of Souls, copyright infringement, Jazan Wild, Lincoln Futura, NBC Universal, television series, TV series Heroes, U.S. Copyright Office
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Q: When Does One Have a Reasonable Expectation of Privacy?
A: Not while speaking with a celebrity backstage, after a stand-up comedy routine, while the cameras are rolling. A fan sued Joan Rivers, and others, for invasion of privacy and misappropriation of image because the fan’s 16-second conversation with the … Continue reading
Posted in In The News This Week, Uncategorized
Tagged invasion of privacy, Joan Rivers, Johns Hopkins Medical School, misappropriation of image, Norman Cousins, Vanderbilt University
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Is Speech Always Protected by the First Amendment?
Former Governor Jesse Ventura filed a Complaint against Chris Kyle, a Navy SEAL and author of the book, Most Lethal Sniper in U.S. Military History. He alleged several causes of action, including defamation. His defamation claim stated that the author fabricated … Continue reading
Posted in In The News This Week
Tagged Chris Kyle, first amendment, free speech, inauguration, Jesse Ventura, Navy Seals, Presidential facts
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Is Grading a Student On a Curve Unconstitutional?
Two first-year law students sued their school after being expelled. They received failing grades in their contracts class, and as a consequence, didn’t maintain above the (required) 2.0 (or “C”) grade point average. They alleged their contract grades were so … Continue reading
How Far Does a School’s Duty Extend?
In New York City a public school student was assaulted by another student two blocks from school property before school hours. The victim sued the City of New York claiming his school failed to ensure his safety. Two days earlier, … Continue reading
What Are You Posting On Your Facebook Wall?
A 6th grader posted on her Facebook wall two comments that were brought to her school’s attention. The first post stated she hated an adult hall monitor because she was mean to her. The school interpreted that post as “bullying,” … Continue reading
Posted in In The News This Week
Tagged constitutional rights, Facebook, first amendment, Fourth Amendment, middle school
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Does an Open & Obvious Condition Alleviate a Duty to Warn?
A Court of Appeals in Ohio said this week that it did. The lawsuit arose after a woman attending a water aerobics class at a local athletic club fell leaving the pool area. As she attempted to make her way … Continue reading
Posted in In The News This Week
Tagged breach of duty, duty to warn, hidden dangers, Michael Phelps, negligence, Olympics
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Can Buying a Season Pass Release A Ski Resort From Liability?
Yes. Read carefully any agreements you intend to sign. Plaintiff suffered serious injuries snowboarding at defendant’s ski resort. Almost a year later, and after the plaintiff filed a lawsuit against the resort, he applied for a new season pass. When … Continue reading
Can An 11 Year Old Be Held Accountable For His Own Injuries?
Yes he can. A mom sued a club for injuries her son sustained at one of its fundraising events. Her son was injured as he jumped out of a tree. It was undisputed that the boy was intelligent and understood … Continue reading
Posted in In The News This Week
Tagged assumption of risk, breach of duty, minor, negligence
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Can A Middle School Censor a Student’s Speech?
A New York Court said absolutely. A student sued her School District after she was told to delete certain language from her “moving up” speech from middle school to high school. The language at issue was– “As we say our … Continue reading
Posted in In The News This Week
Tagged constitutional rights, Declaration of Independence, first amendment, high school, lawsuit, lawsuits, middle school, student
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