ABA Journal

Tort Law

5394 ABA Journal Tort Law articles.

Claim denied: A lawyer’s musings on the shortcomings of insurance

As lawyers, many of us either fight insurance companies or represent them. Sue or defend, we are all connected with insurance by buying it. When did the concept of insurance start?

Fee applications in Boy Scouts bankruptcy exceed $100M; judge calls total ‘staggering’

The court overseeing the Boy Scouts of America bankruptcy case has appointed an examiner to review fees that have become a point of contention.

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.

Judge says court documents resemble Jerry Springer script, orders lawyers to rewrite ‘inflammatory’ filings

A federal judge in Miami ordered lawyers in a lawsuit against Royal Caribbean Cruises to rewrite several court filings because of “unprofessional” and “inflammatory” language.

Justice Thomas argues for repeal of doctrine protecting military from tort suits incident to service

U.S. Supreme Court Justice Clarence Thomas argued Monday that the high court should have agreed to hear an appeal by a West Point cadet to repeal a doctrine that has protected the military from tort lawsuits by service members outside combat.

Chemerinsky: Despite SCOTUS ruling, questions of personal jurisdiction remain unsettled

Ford Motor Co. v. Montana Eighth Judicial District is important in clarifying the law of personal jurisdiction, but it also raises many questions that will confront lower state and federal courts and ultimately need Supreme Court resolution.

Afternoon briefs: Search of Giuliani’s home is ‘legal thuggery,’ says his lawyer; top legal officer earns $50.9M

Search of Giuliani’s home is ‘legal thuggery,’ his lawyer says

Federal agents searched lawyer Rudy Giuliani’s New York City apartment and office early Wednesday. Giuliani’s lawyer, Robert Costello, told the…

Lawyer wrongly cited golden rule, court says in overturning $1.1M verdict in suit against Fetty Wap label

A New Jersey appeals court has overturned a $1.1 million verdict against the record label for rapper Fetty Wap partly because the plaintiff’s lawyer asked jurors to put themselves in his client’s shoes when awarding damages.

New York City can’t use tort law to sue oil companies over climate change, 2nd Circuit says

Federal law gives the Environmental Protection Agency, not federal courts, the authority to regulate greenhouse emissions in the United States, a federal appeals court ruled as it tossed a climate change lawsuit Thursday.

Afternoon Briefs: Defamation suit against Trump proceeds; 4th Circuit upholds terrorist watch list

Trump has to face defamation suit

Donald Trump has lost his bid to delay a defamation suit that was based on his status as president. The New York Court of…

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…

Kagan cites Ford’s ‘truckload of contacts’ with plaintiffs’ home states in jurisdictional SCOTUS ruling

The Ford Motor Co. can be sued for alleged defects in its vehicles in the states where the plaintiffs lived and the alleged harm happened, the U.S. Supreme Court ruled Thursday in an 8-0 opinion.

Afternoon Briefs: Judge irked by ‘60 Minutes’ interview; Caesars sues insurers for pandemic losses

Federal judge warns of trying Capitol riot case in media

U.S. District Judge Amit Mehta of the District of Columbia on Tuesday warned prosecutors about trying a U.S. Capitol riot…

Sidney Powell lawyers argue no reasonable person would have accepted her stolen election claims as fact

Lawyers representing pro-Trump lawyer Sidney Powell are seeking dismissal of a defamation lawsuit by arguing that her comments about rigged voting machines are constitutionally protected political speech that no reasonable person would think are statements of fact.

Read more ...