ABA Journal

Injury & Accident Law

1305 ABA Journal Injury & Accident Law articles.

Litigants claiming GEICO auto policy covers STD from car sex can’t proceed anonymously, judge rules

A car owner and his sexual partner can’t keep their names secret in litigation over their claim that GEICO’s auto and umbrella policies cover damages for a sexually transmitted disease contracted during sex in the insured car.

Infowars host who called Sandy Hook shooting a ‘giant hoax’ loses suits because of discovery abuse

Infowars host and conspiracy theorist Alex Jones is liable by default in three defamation lawsuits filed over his claims that the December 2012 mass shooting at the Sandy Hook Elementary School in Newtown, Connecticut, was a “giant hoax.”

Costly Collisions: A small-town personal injury case sends a powerful message to the trucking industry

The number of crashes involving large trucks has been rising during the past decade. And as the number of crashes has increased, so has the size of jury awards and settlements, often resulting in what some lawyers call “nuclear verdicts”—multimillion-dollar damages verdicts significantly higher than expected given the injuries in the case, generally in excess of $10 million.

Agreement giving lawyers ‘sole discretion’ to settle client’s case violates ethics rules, appeals court says

A California appeals court has voided a provision in a contingent-fee agreement that gave personal injury lawyers the “sole discretion” to settle a client’s case.

This law firm will pay $100K for best jingle ‘that pairs well with fighting for justice’

Go to Morgan & Morgan’s website, and you will see a banner touting $10 billion recovered for clients. Now, the personal injury law firm is prepared to pay $100,000 to one lucky person who writes the best “catchy, unforgettable jingle that pairs well with fighting for justice.”

5th Circuit rules for ‘The Hammer’ in lawyer’s trademark suit over purloined keywords and click-to-call ads

A Texas lawyer should get a chance to prove that consumers who entered his trademarked keywords in search engines were confused when they saw unlabeled advertisements, clicked on them, and found themselves calling a number that belonged to a legal referral group, a federal appeals court has ruled.

Software to power your personal injury law firm

Each month since April, I’ve been focusing on practice-area-specific law practice management software. This type of software is becoming increasingly prevalent as the overall demand for law practice management software increases.

Top state court is second to rule that gas stations can be liable for selling fuel to drunken drivers

Gasoline stations in New Mexico can be liable for selling fuel to drivers they know or have reason to know are intoxicated, the New Mexico Supreme Court ruled Monday.

Akerman lawyer is appointed as receiver in condo collapse; who may be liable?

A Florida judge on Friday appointed an Akerman partner as a receiver to handle financial matters for the Champlain Towers South condo association in litigation over the building collapse in Surfside, Florida.

Judge tosses 238 oil-spill cases, citing law firm’s failure to respond to discovery requests

A federal judge in Pensacola, Florida, has dismissed 238 cases filed for cleanup workers who blame their medical problems on the BP Deepwater Horizon oil spill.

Afternoon Briefs: Hate speech mustn’t be normalized, ABA president says; Title IX protects gay and transgender students

ABA president: Hate speech legitimizes intolerance

ABA President Patricia Lee Refo said Tuesday the association is “deeply troubled” by recent hate speech directed at Jewish, LGBTQ, Asian American and Muslim…

Plaintiff who alleges hip implant injuries must turn over Fitbit data, federal judge rules

A plaintiff who alleges that he was injured by a defective hip implant must turn over data from his Fitbit to the defendant, a federal judge ruled Monday.

Maker of Snapchat can be sued for speed filter used by youths before fatal crash, 9th Circuit rules

A federal appeals court has ruled that Snapchat isn’t protected from liability by Section 230 of the Communications Decency Act in a case alleging that three youths died in a car crash after using the app’s speed filter.

Law firm can sue competitor for allegedly using case runners to poach clients, appeals court says

A New York appeals court is allowing a personal injury law firm to pursue a tortious interference claim against competitors who allegedly used case runners to poach its clients.

Afternoon Briefs: No-mask lawyer’s lawsuit tossed; suit alleges 60-plus mistaken-identity arrests

Judge tosses case for lawyer’s refusal to wear mask

Judge Lawrence Knipel of New York City has tossed a car-crash lawsuit because of a lawyer’s refusal to wear a face…

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