http://www.abajournal.com/news/ en Copyright 2013 2013-05-22T16:31:24-06:00 http://www.abajournal.com/news/article/as_sanction_for_destroying_evidence_federal_judge_finds_us_negligent_in_wro/ As a sanction for destruction of evidence by the National Park Service in a wrongful death case, a federal judge in Sacramento, Calif., ruled Tuesday that the United States was negligent. The case concerns the July 2009 death of Tommy Botell, 9, after a retaining wall that he and his… Tort Law, Injury & Accident Law, Trials & Litigation, Evidence, Verdicts & Settlements, 9th Circuit Court, States, California Wed, 15 May 2013 15:08:28 -0500 44200.abajournal.com http://www.abajournal.com/news/article/dangerous_desk_toy_buckyballs_voluntarily_recalled_by_retailers/ The Consumer Product Safety Commission, stymied in attempts to get a manufacturer to foot the bill, persuaded several prominent retailers to voluntarily join the agency in a recall of Buckyballs, the super-magnet desk toys which have seriously damaged the intestines of children who swallow them. The… Consumer Law, Health Law, Tort Law, Injury & Accident Law, Product Liability Law Mon, 29 Apr 2013 11:50:18 -0500 43953.abajournal.com http://www.abajournal.com/news/article/famed_tort_lawyer_stan_chesley_is_disbarred_for_unreasonable_20m_fee_in_die/ Mass tort lawyer Stan Chesley has been disbarred for his role in a diet-drug case in which he earned $20 million to help negotiate a $200 million settlement. The Kentucky Supreme Court released its opinion (PDF) disbarring Chesley on Thursday, report the Lexington Herald-Leader… Legal Ethics, Tort Law, Injury & Accident Law, Trials & Litigation, Attorney Fees, Verdicts & Settlements Thu, 21 Mar 2013 10:54:21 -0500 43386.abajournal.com http://www.abajournal.com/news/article/two_toyota_sudden_acceleration_cases_are_settled_terms_and_evidence_are_sec/ Toyota has settled two bellwether sudden-acceleration cases in recent weeks, including a personal injury suit involving a Utah crash that killed the driver and a passenger. Terms of the settlements are confidential, and much of the evidence in the cases is sealed, the Los Angeles Times… Consumer Law, Tort Law, Injury & Accident Law, Product Liability Law, Trials & Litigation, Verdicts & Settlements, States, California Fri, 18 Jan 2013 06:30:45 -0600 42425.abajournal.com http://www.abajournal.com/news/article/columnist_who_is_injured_by_an_immersion_blender_finds_other_mishap_stories/ A columnist who Googled “immersion blender” learned she is not the only one who suffered a mishap while trying to pry food out of the blades. Writing in the New York Times, writer Alexandra Jacobs tells how she injured her fingers with the hand-held blender. It’s… Tort Law, Injury & Accident Law, Product Liability Law, Trials & Litigation Thu, 17 Jan 2013 09:59:42 -0600 42418.abajournal.com http://www.abajournal.com/news/article/california_supremes_toss_suit_over_bumper_car_injury_cite_inherent_risk/ The California Supreme Court has dismissed a suit by a doctor who broke her wrist while riding in a bumper car at Great America, citing the inherent risk of such injuries. The court ruled on Monday against San Jose doctor Smriti Nalwa, who broke her wrist in a head-on collision,… Entertainment & Sports Law, Tort Law, Injury & Accident Law, States, California Wed, 02 Jan 2013 12:15:09 -0600 42162.abajournal.com http://www.abajournal.com/news/article/baltimore_judge_to_consider_plan_to_revive_backburner_asbestos_cases/ A law firm whose name partner bought the Baltimore Orioles with money earned from asbestos suits has a new plan to push more cases through the court system. The plan by the Law Offices of Peter G. Angelos would revive the cases of 13,000 people who claim they became ill… Law Firms, Tort Law, Injury & Accident Law, Product Liability Law, Trials & Litigation Mon, 17 Dec 2012 11:28:29 -0600 42068.abajournal.com http://www.abajournal.com/news/article/florida_school_seeks_dismissal_of_hazing-related_wrongful_death_suit/ A Florida university has asked a judge to dismiss a wrongful death suit against it over the 2011 hazing death of a drum major in the school's marching band. Richard Mitchell, a lawyer for Florida A & M University, said Wednesday that the victim, Robert Champion, willingly submitted to the… Education Law, Tort Law, Injury & Accident Law, Trials & Litigation, States, Florida Mon, 03 Dec 2012 12:41:43 -0600 41839.abajournal.com http://www.abajournal.com/magazine/article/thats_hot_plaintiffs_allege_burn_hazards/ Tort Law, Injury & Accident Law, Obiter Dicta Sat, 01 Dec 2012 02:00:46 -0600 41601.abajournal.com http://www.abajournal.com/magazine/article/dec._3_1984_bhopal_chemical_leak_kills_thousands_in_india/ International Law, Legal History, Tort Law, Injury & Accident Law, Trials & Litigation, International Courts/Tribunals, Precedents Sat, 01 Dec 2012 01:50:27 -0600 41602.abajournal.com http://www.abajournal.com/news/article/wrongful_death_suit_filed_in_car_crash_cites_nebraska_fetal_protection_law/ A wrongful death suit filed on behalf of a Maryland family killed in a Nebraska car crash also seeks damages for the death of a fetus. The case may be the first civil suit based on Nebraska’s 2003 law expanding legal protections to fetuses at any stage of development, the… Tort Law, Injury & Accident Law, Medical Malpractice, Trials & Litigation, States, Alabama, Nebraska, Utah Mon, 05 Nov 2012 09:31:07 -0600 41472.abajournal.com http://www.abajournal.com/magazine/article/clearing_up_hazing_opponents_are_pushing_for_stricter_laws/ Criminal Justice, Education Law, Legislation & Lobbying, Tort Law, Injury & Accident Law, Trials & Litigation, The National Pulse Mon, 01 Oct 2012 03:00:58 -0500 40632.abajournal.com http://www.abajournal.com/news/article/driverless_cars_get_green_light_in_california/ Clearing the way for testing and regulations, California became the third state to legalize driverless cars, prompting Gov. Jerry Brown to quip that the state is one step closer to making science fiction a reality. Lobbying for the so-called autonomous vehicles has intensified as manufacturers tout the eventual safety improvements… Legislation & Lobbying, Privacy Law, Science & Technology Law, Tort Law, Injury & Accident Law, States, California Wed, 26 Sep 2012 08:36:53 -0500 40883.abajournal.com http://www.abajournal.com/magazine/article/a_bite_worse_than_its_bark_maryland_puts_pit-bull_owners_on_liability_notic/ Animal Law, Tort Law, Injury & Accident Law, Opening Statements Sat, 01 Sep 2012 03:49:02 -0500 40222.abajournal.com http://www.abajournal.com/news/article/bicyclists_wearing_helmet_cameras_provide_valuable_evidence_to_police/ Some bicyclists are wearing cameras on their helmets or strapping the devices to their heads to capture mementos of their rides—and to record the evidence in case of an accident. The New York Times calls the cameras “the cycling equivalent of the black box on an… Criminal Justice, Tort Law, Injury & Accident Law Wed, 25 Jul 2012 05:30:40 -0500 39858.abajournal.com http://www.abajournal.com/news/article/judge_issues_stop_work_order_after_bodies_of_lawyer_wife_discovered/ A Cook County judge has ordered a halt to cleanup of a derailed train after crews discovered the derailment and subsequent bridge collapse Wednesday claimed the lives of at least two victims. The bodies of a Chicago-area lawyer and his wife were found Thursday beneath the wreckage of the 138-car… Careers, Obituaries, Tort Law, Injury & Accident Law, Trials & Litigation Fri, 06 Jul 2012 12:00:20 -0500 39568.abajournal.com http://www.abajournal.com/news/article/workers_who_drive_while_using_cellphones_are_big_risks_for_employers/ As cellphone-related car crash rates continue to rise, so does employer liability for workers who chat and drive on the job. The National Safety Council estimates that about 1.2 million car crashes each year involve drivers talking or texting on cellphones, a statistic that also means a greater number of… Labor & Employment, Tort Law, Injury & Accident Law Mon, 21 May 2012 17:37:01 -0500 38896.abajournal.com http://www.abajournal.com/news/article/cities_prune_budgets_to_monitor_aging_trees_as_injury_suits_multiply/ Sitting or walking under an aging tree can be dangerous, lawsuits reveal. The case of Alexis Handwerker illustrates the hazards, the New York Times reports. She was seated on a bench beneath an elm in Manhattan’s Stuyvesant Square Park in 2007 when a tree limb 30… Government Law, Tort Law, Injury & Accident Law, Trials & Litigation, States, New York Tue, 15 May 2012 05:30:04 -0500 38783.abajournal.com http://www.abajournal.com/news/article/lawyer_gets_new_trial_on_claim_he_had_no_authority_for_350k_deal_jury_would/ A California trial lawyer is getting a second chance after he agreed to settle his brain-injured client’s case for $350,000 shortly before jurors revealed they planned to award $9.4 million. Lawyer C. Michael Alder argued he quickly agreed to the settlement without… Tort Law, Injury & Accident Law, Trials & Litigation, Verdicts & Settlements Thu, 26 Apr 2012 07:12:13 -0500 38489.abajournal.com http://www.abajournal.com/magazine/article/attractive_nuisance_when_fun_factor_overshadows_risk_lawsuits_are_sure_to/ Insurance Law, Tort Law, Injury & Accident Law, Product Liability Law, Trials & Litigation, Obiter Dicta Sun, 01 Apr 2012 00:30:56 -0500 37759.abajournal.com