Tort Law

Lawyer banned by fitness club had no standing to complain about retaliation, says appeals court

A New York lawyer who says he was banned from his fitness club after filing a wage-and-hour suit on behalf of a client had no standing to complain of the ouster under state labor law, an appeals court has ruled. Douglas Wigdor had contended that the SoulCycle ban violated anti-retaliation…

May 27, 2016 9:10 AM CDT

Lawyer-turned-entrepreneur admits he financed Hulk Hogan’s Gawker suit

A former lawyer who became a Silicon Valley entrepreneur acknowledges he paid roughly $10 million to finance Hulk Hogan’s winning lawsuit against Gawker and says it’s not the only case he has financed. Peter Thiel tells the New York Times DealBook blog that he paid lawyers to find people who…

May 26, 2016 11:00 AM CDT

Couple must pay $572K, plus possible punitives, in 4-year-old son’s fatal shooting of playmate

A New Jersey judge hearing a wrongful death case over the accidental slaying of a 6-year-old by his 4-year-old playmate has ordered the parents of the shooter to pay $572,588.26, plus possible punitive damages. Judge Robert Brenner found Anthony Senatore 90 percent liable and Melissa Senatore 10 percent liable for…

May 25, 2016 2:35 PM CDT

Appeals court overturns $1.27 billion penalty for Countrywide’s sale of risky mortgages

A federal appeals court has overturned a $1.27 billion civil penalty against Bank of America for risky loans sold to Fannie Mae and Freddie Mac by its Countrywide unit. The New York-based 2nd U.S. Circuit Court of Appeals ruled on Monday that the government had failed to prove Countrywide acted…

May 24, 2016 2:20 PM CDT

‘Bad-ass lawyer’ can’t sue over parody Twitter account, appeals court says

A Michigan lawyer who described himself as a “bad-ass lawyer” on Twitter has lost an appeal seeking to reinstate his suit against the writer of a parody Twitter account. In a May 19 opinion (PDF), the Michigan Court of Appeals cited the First Amendment and refused to reinstate the suit…

May 24, 2016 7:27 AM CDT

Man held hostage by 3 jail escapees sues for share of $200K in reward money

A taxi driver who was reportedly held hostage for a week by three men escaped from a California jail has sued for a share of $200,000 in reward money. Long Hoang Ma, 71, is also seeking additional damages for the manner in which the reward money was allocated, alleging racial…

May 23, 2016 11:40 AM CDT

Texas woman drops lawsuit against Church of Scientology, citing lack of resources

A Texas woman has moved to end her harassment lawsuit against the Church of Scientology, despite victories in trial court and on appeal, according to Texas Lawyer. Monique Rathbun, who is married to former Scientology official Marty Rathbun but was never part of the church, had sued the church for…

May 20, 2016 3:00 PM CDT

No liability for movie theater owner in Colorado movie massacre, jury decides

A Colorado jury on Thursday found no liability on the part of a movie theater owner in a lawsuit over a shooting massacre at an Aurora premiere of the Batman film The Dark Knight Rises in 2012. Jurors deliberated only three or four hours before rejecting claims that more security…

May 19, 2016 5:00 PM CDT

Lawyer who had two indictments against him dismissed seeks damages over ex-DA’s actions

Represented by a major litigation boutique, a New York defense attorney has gone on the offensive after the dismissal of a criminal case over his claimed conduct concerning a witness in a sexual assault case. In a civil rights lawsuit filed in federal court in Manhattan, attorney George Galgano contends…

May 18, 2016 5:40 PM CDT

Vincent Gallo sues Facebook over claimed refusal to deactivate imposter’s account

Actor and director Vincent Gallo filed a federal lawsuit against Facebook in Los Angeles on Monday, contending that the social media Goliath has refused his demands to take down a bogus account in his name. Asserting Lanham Act and unfair competition claims, among others, the actor and director—who himself has…

May 18, 2016 3:45 PM CDT

Takata says up to 40M more air bags must be recalled; Hawaii sues on consumers’ behalf

Adding to the largest recall in U.S. auto safety history, Japanese manufacturer Takata Corp. on Monday said it was recalling an additional 14 million air bags in vehicles in this country because of defective inflators. The auto part manufacturer told Reuters that up to 40 million air bags would need…

May 18, 2016 10:30 AM CDT

Mentally ill man arrested for shoplifting $5.05 in snacks died of starvation in jail, lawsuit says

Arrested last year for shoplifting $5.05 worth of snacks from a convenience store near his family’s home in Portsmouth, Virginia, a 24-year-old mentally ill man essentially starved to death in jail over the next four months, a civil rights lawsuit filed by his aunt alleges. A judge had ordered Jamycheal…

May 18, 2016 9:20 AM CDT

Partner demands website reveal identities of commenters who said they hated working at his firms

A name partner at California law firm Layfield & Barrett isn’t putting up with negative reviews of the firm posted by authors claiming to be current and former employees. Lawyer Philip Layfield tells Above the Law that former employees who “spew false information” and “spit their venom” on websites such…

May 18, 2016 5:45 AM CDT

Lewis Brisbois sues developer of building destroyed by arson, seeks damages for forced office move

It isn’t just the city of Los Angeles that’s suing the developer of an apartment building that burned to the ground in a massive 2014 fire. Lewis Brisbois Bisgaard & Smith, which was forced to relocate its nearby 275-attorney LA office, filed suit Monday in Los Angeles Superior Court against…

May 17, 2016 4:30 PM CDT

Judge OKs malpractice suit over law firm’s successful fight to uphold client’s postnuptial agreement

A New York trial court has OK’d a malpractice suit against Phillips Nizer, over the law firm’s handling of a divorce case that generated $1.4 million in legal fees for work done by 23 attorneys and 16 other professionals. At issue is a 2000 postnuptial agreement that the firm helped…

May 17, 2016 3:45 PM CDT