Tort Law

Judge rules for artist Peter Doig, who says ‘Pete Doige’ painting once valued at $10M wasn’t his

A federal judge in Chicago has ruled against a painting owner who sued the artist Peter Doig for declaring he didn’t create the artwork. U.S. District Judge Gary Feinerman ruled on Tuesday against the artwork owner, Robert Fletcher, who said Doig’s declaration caused the value of painting to plummet. At…

Aug 24, 2016 10:36 AM CDT

Spurned recruiter sues BigLaw partner who used competitor; was recorded phone call a contract?

A legal recruiting firm in Dallas claims a recorded phone call will show a law firm partner agreed to work with the company exclusively if he pursued an opportunity at Holland & Knight. The partner, Dean Schaner of Haynes and Boone, used another recruiting firm before jumping to Holland &…

Aug 24, 2016 9:35 AM CDT

Judge tosses suit claiming ice in Starbucks beverages shortchanges customers on liquid

A federal judge in Los Angeles has tossed a lawsuit alleging Starbucks is misleading customers about the size of its iced beverages because some of the liquid is displaced by ice. U.S. District Judge Percy Anderson tossed the suit in an Aug. 19 decision (PDF), report the Wall Street Journal…

Aug 24, 2016 8:50 AM CDT

Lawyer accuses US of ‘ridiculousness’ after acquittal in Gulf oil spill fraud case

A Texas lawyer who once claimed to represent more than 44,000 victims in the BP Gulf oil spill has been acquitted of charges that he falsified claims. Federal jurors in Gulfport, Mississippi, acquitted lawyer Mikal Watts on Thursday, report Reuters, the Sun Herald and the Associated Press. Jurors also acquitted…

Aug 19, 2016 9:16 AM CDT

Homebuyers’ suit over threatening letters from ‘the Watcher’ is allowed to proceed

A New Jersey judge has refused to dismiss a lawsuit claiming the sellers of a $1.3 million home should have warned about a disturbing letter from a person who claimed to be watching the home. Judge Camille Kenny of Elizabeth, New Jersey, tossed emotional distress claims and other counts, but…

Aug 12, 2016 1:44 PM CDT

Judge rules Twitter is protected from liability lawsuit over ISIS propaganda

Federal law protects Twitter from liability for ISIS tweets said to have inspired a gunman who killed two U.S. law enforcement contractors in Jordan last year, a federal judge has ruled. U.S. District Judge William Orrick III of San Francisco dismissed the suit against Twitter on Wednesday, but allowed plaintiffs…

Aug 12, 2016 7:00 AM CDT

Two Ohio lawyers sue for access to lists of workers’ comp claimants, claim First Amendment violation

Two Ohio lawyers claim in a federal lawsuit that their First Amendment right to advertise is violated by the state’s ban on soliciting workers’ compensation claimants and the state’s refusal to provide claimant lists. Lawyer Thomas Bevan of Bevan & Associates in Boston Heights filed the suit (PDF) along with…

Aug 11, 2016 9:41 AM CDT

Lawyer who won $9B Chevron judgment can’t collect it; 2nd Circuit upholds RICO injunction

A federal appeals court has upheld a federal judge’s decision to block enforcement of a $9 billion Ecuadorian judgment against Chevron Corp. after determining the award was the product of bribery, coercion and fraud. The New York-based 2nd U.S. Circuit Court of Appeals ruled (PDF) on Monday, Law.com reports. Lawyer…

Aug 8, 2016 1:56 PM CDT

Who gets the blame when driverless cars crash? Everybody.

You’re unlikely to be able to buy your own completely automated driverless car in the next few years, ABA members learned Friday afternoon. But participants at “Driverless Cars in the Fast Lane: Liability Ahead” did learn more about how autonomous vehicles could change the technological, safety, legal and insurance landscapes…

Aug 5, 2016 10:13 PM CDT

Federal judge reprimands five class-action lawyers for using court as a ‘bargaining chip’

A federal judge in Fort Smith, Arkansas, has reprimanded five class-action lawyers for dropping a federal case and refiling it in Arkansas state court with a proposed class a settlement. U.S. District Judge P.K. Holmes III said in an order (PDF) on Wednesday that the lawyers had used the federal…

Aug 5, 2016 8:00 AM CDT

Suit claims law firm defamed accused killer in website statements

A woman sued for the alleged murder of her uncle—who was also her husband—has filed a lawsuit claiming a Washington state law firm and one of its lawyers defamed her with statements at its website. The July 16 suit (PDF) filed on behalf of Tracy McNamara, targets the lawyer and…

Aug 3, 2016 7:30 AM CDT

New Jersey man plagued by Pokemon Go players files nuisance class action

A New Jersey man who says Pokemon Go players are visiting his property has filed a would-be class action lawsuit against the developer and distributor of the app. Jeffrey Marder’s suit claims the placement of the Pokemon virtual characters at or near his home is interfering with his use and…

Aug 2, 2016 12:28 PM CDT

Suit claims ‘aggressive litigation’ against law firm drove it into bankruptcy

Two Georgia lawyers claim “aggressive litigation” against them and their firm damaged their reputations and drove the firm into bankruptcy. Lawyers Mark and Gerard Wittstadt filed suit July 11 against the law firms Gordon & Rees and Barnes & Thornburg, along with nine lawyers from the firms, for alleged abusive…

Aug 1, 2016 3:45 PM CDT

Fines against unsafe nursing homes are considered a slap on the wrist

Nursing home regulatory systems are structured around administrative fines—fines that are reduced so routinely that they have become widely considered a cost of doing business rather than an incentive to provide quality care. Read this ABA Journal feature recently honored by the American Society of Business Publication Editors.

Aug 1, 2016 4:25 AM CDT

Lawsuits fail to bring improvements to nursing homes

While state fines do little to bring meaningful change to the nursing home industry, litigation against the homes doesn’t help spark improvements, either.

Aug 1, 2016 4:20 AM CDT