Tort Law

Jurors find Rolling Stone defamed UVa associate dean in later-retracted article about gang rape

Federal jurors in Charlottesville, Virginia, on Friday found Rolling Stone magazine was liable for defamation in a story about an alleged gang rape at the University of Virginia, which was later retracted. Jurors ruled for former school administrator Nicole Eramo, who had alleged she was portrayed as the “chief villain”…

Nov 4, 2016 2:23 PM CDT

Hillary Clinton’s dogged approach to litigation mirrors her political style

Hillary Clinton’s approach to cases as an Arkansas litigator in the 1970s wasn’t all that different from the way she handles challenges as a politician today. That’s the appraisal of the New York Times, which took a look at some of Clinton’s cases, including her representation of an accused rapist…

Nov 3, 2016 1:40 PM CDT

Lawyer sues after choking on Popeyes chicken, blames failure to provide knife

Updated: A lawyer in Gulfport, Mississippi, says in a lawsuit that he choked on a piece of chicken because Popeyes didn’t include a knife with his drive-through order. Lawyer Paul Newton Jr. says he had to have surgery to remove the chicken from his throat last November because the only…

Nov 3, 2016 9:55 AM CDT

Estate representative can sue herself for causing decedent’s wrongful death

A woman who lost control of her vehicle, causing the death of her common-law husband, is authorized as representative of the estate to sue herself for negligence, the Utah Supreme Court has ruled. The Utah Supreme Court allowed the suit in an Oct. 27 decision (PDF), the Legal Profession Blog…

Nov 1, 2016 4:11 PM CDT

Couple’s huge holiday display isn’t a public nuisance, judge rules

The city of Plantation, Florida, failed to prove that a couple’s elaborate Christmas display is a public nuisance, a judge ruled last week. Judge Marina Garcia-Wood of Broward Circuit Court ruled for Mark and Kathy Hyatt in the suit filed by the city in February 2014, the Sun-Sentinel and Local…

Nov 1, 2016 11:59 AM CDT

Who’s to blame for poisoning of Flint’s water?

Residents of Flint, Michigan, hope lawsuits and criminal prosecutions will hold decision-makers accountable for the poisoning of their water supply.

Nov 1, 2016 4:30 AM CDT

Lead litigation beyond Flint

The water crisis in Flint is unique in many respects, but the city isn’t alone in facing allegations regarding lead in the water supply.

Nov 1, 2016 4:25 AM CDT

Law firm partners received ‘bonuses’ after making political contributions; was it legal?

At least two politicians are returning campaign donations to a Boston personal-injury law firm after a Boston Globe report said high-profile partners who donated money were quickly reimbursed with law firm bonuses. Partners at the Thornton Law Firm donated nearly $1.6 million to Democratic committees and politicians over a four-year…

Oct 31, 2016 12:11 PM CDT

ABA group will publish article calling Trump a ‘libel bully’

The ABA Forum on Communications Law will publish an article calling Donald Trump a “libel bully” despite reservations about partisan language cited by an ABA official. In a statement on Friday, the ABA said the forum will publish the article next week. “To be clear, the ABA did not refuse…

Oct 28, 2016 4:05 PM CDT

Should race and gender be used in calculating lost income? It’s a common practice

Some law professors are calling for a re-examination of using race and gender to calculate future lost income in court cases. Because of the practice, white and male victims often receive larger awards than people of color and women, the Washington Post reports. Its story is based on interviews with…

Oct 26, 2016 8:57 AM CDT

Subway pitchman’s ex-wife seeks damages for failure to report his ‘pedophile behavior’

The ex-wife of convicted Subway pitchman Jared Fogle filed a lawsuit Monday contending she would never had married him if the company had reported his sexual interest in minors. The suit filed by Kathleen McLaughlin alleges that Subway’s parent company was warned about Fogle’s behavior at least three times but…

Oct 25, 2016 8:00 AM CDT

Times lawyer is surprised by viral response to Trump letter; he wrote it in about 45 minutes

New York Times vice president and assistant general counsel David McCraw writes dozens of letters every year responding to lawyers who are unhappy with the newspaper’s coverage. McCraw says he knew his letter on Thursday to Donald Trump’s lawyer would be different, but he was surprised by the viral response.…

Oct 18, 2016 11:55 AM CDT

Judge tosses Sandy Hook suit, cites federal law protecting gun makers

A superior court judge in Connecticut dismissed a lawsuit Friday that sought to impose liability on the makers of the assault rifle used by the Sandy Hook Elementary School shooter to kill 20 children and six adults. Judge Barbara Bellis said the companies that made the gun were shielded from…

Oct 17, 2016 11:55 AM CDT

Lawyers trade snarky letters over Trump suit threat; expert deems Trump ‘pretty much libel-proof’

Updated: Donald Trump’s lawyer was quick to respond when the New York Times published an article on Wednesday claiming the presidential candidate had groped one woman on a plane and kissed another on the lips, without either woman’s acquiescence. Lawyer Marc Kasowitz of Kasowitz, Benson, Torres & Friedman wrote a…

Oct 13, 2016 2:40 PM CDT

Are lawsuits using fake defendants to get material removed from websites?

About 25 lawsuit filed across the country have some suspicious similarities. All use “similar snippets of legalese,” though the plaintiffs claim to be representing themselves, the Volokh Conspiracy reports. And all of the defendants quickly agreed to injunctions that are likely to spur websites such as Yelp and RipOffReport.com to…

Oct 13, 2016 8:00 AM CDT