Tort Law

Tort reformer Ted Cruz once represented two tort plaintiffs defending $54M awards

GOP presidential candidate Ted Cruz has backed limits on tort lawsuits, even though he once represented plaintiffs defending tort judgments against a nursing home and a group home for those with disabilities. Cruz usually worked for corporate defendants at Morgan, Lewis & Bockius, the law firm he joined after serving…

Jan 21, 2016 9:44 AM CST

Judge nixes $25M settlement because plaintiff’s lawyer was told of jury note before defense counsel

A Chicago-area judge tossed a $25 million settlement agreement Tuesday because the plaintiff’s lawyer in the case was told by a court clerk about the contents of a jury note before the defense heard about it. In the half-hour interim, attorney Mark McNabola settled the case, committing fraud by not…

Jan 20, 2016 12:55 PM CST

Sued for battery by Uber driver, passenger cites YouTube video in $5M counterclaim

Sued for assault and battery and emotional distress by the Uber driver he allegedly attacked from the passenger seat last year in Newport Beach, California, a now-former Taco Bell corporate manager has tried to turn the tables. Passenger Benjamin Golden filed a $5 million counterclaim over a YouTube video of…

Jan 19, 2016 3:45 PM CST

Judge refuses to toss graffiti artist’s suit claiming his mural was used on dress worn by Katy Perry

A federal judge in California has refused to dismiss a lawsuit by a graffiti artist who claims the Moschino apparel brand used his work on a dress worn by pop star Katy Perry at an art gala. U.S. District Judge Stephen Wilson ruled for the graffiti artist known as Rime,…

Jan 19, 2016 6:15 AM CST

Paxil suit by widow of Reed Smith partner heads to trial without summary judgment ruling

A lawsuit filed by the widow of a Reed Smith partner against the makers of Paxil is headed to trial after a federal judge indicated he won’t rule on summary judgment motions before the Sept. 19 trial date. The suit by Wendy Dolin claims GlaxoSmithKline failed to warn that the…

Jan 15, 2016 5:45 AM CST

Woman traumatized by finding human face on car wash floor sues trucking company

It all began with a September 2013 hit-and-run accident involving a semitrailer truck, the plaintiff in a Montana lawsuit says. The victim, Elgie Bedford, 81, who had been on foot after his car went off the road, was struck by other vehicles, investigators believe, Courthouse News reports. The driver of…

Jan 14, 2016 2:40 PM CST

Does property owner have the right to shoot down hobbyist’s hovering drone?

A hobbyist whose drone was shot down by a Kentucky property owner is asking a court for $1,500 in damages and a decision on who had rights to the airspace. The issue is whether John Boggs’ drone was trespassing or if it was flying in airspace within the jurisdiction of…

Jan 14, 2016 8:52 AM CST

Woman who told Rolling Stone of rape will have to turn over documents in defamation suit, judge says

A federal judge in Virginia has indicated he will require a woman who told Rolling Stone she was the victim of a gang rape to turn over her communications with the magazine to a defamation plaintiff. U.S. District Chief Judge Glen Conrad said in court on Tuesday that he will…

Jan 13, 2016 8:56 AM CST

Lawyer’s $350K win for defamatory online review is upheld on appeal

A Florida appeals court has upheld $350,000 in punitive damages awarded to a Florida lawyer who claimed she was defamed in online reviews. Florida’s Fourth District Court of Appeal ruled on behalf of lawyer Ann-Marie Giustibelli in a Jan. 6 opinion (PDF), report the News Service of Florida, BNA’s Electronic…

Jan 12, 2016 10:37 AM CST

State doesn’t owe court reporter $744K, because judge settled sex harassment suit without its OK

Montana taxpayers are off the hook, at least for now, concerning a $744,000 sexual harassment settlement last year between a now-former 16th Judicial District judge and his onetime court reporter. Because their settlement of her sexual harassment claim was made without the state’s consent, Montana is not liable, a Lewis…

Jan 11, 2016 2:00 PM CST

Judge refuses to toss suit over law school’s employment stats; trial is set for March

A California judge has refused to dismiss a lawsuit claiming that Thomas Jefferson School of Law inflated its employment statistics. In a Dec. 28 decision (PDF), Judge Joel Pressman of San Diego allowed the students’ claims and set a March trial date, Above the Law reports. “Never before has a…

Jan 7, 2016 9:53 AM CST

Virginia state senator sues mental health agency and state over suicide and stabbing by his son

A Virginia state senator has sued the state and a local mental health agency for the wrongful death by suicide of his son, the Washington Post reported Tuesday. R. Creigh Deeds, a Democrat from Bath County, said his son Austin “Gus” Deeds was improperly denied treatment by the Rockbridge Area…

Jan 6, 2016 5:10 PM CST

Corporate defense lawyer’s suit against DuPont exposed decades of pollution and redefined his career

Rob Bilott had a good job at Taft Stettinius & Hollister in Cincinnati. As an associate in the firm’s environmental division, he defended large chemical companies from litigation. In 1998, he was about to make partner and was supporting a stay-at-home wife and an infant son. Then a neighbor of…

Jan 6, 2016 4:00 PM CST

Chipotle investigated by federal grand jury over norovirus at Southern California restaurant

The Chipotle restaurant chain is under investigation for a norovirus outbreak at one store, Reuters reported Wednesday. A Securities and Exchange Commission filing shows that the Denver-based chain is under criminal investigation for a norovirus outbreak traced to a Chipotle restaurant in the suburbs of Los Angeles. Norovirus causes vomiting,…

Jan 6, 2016 1:30 PM CST

Judge tosses $21.5M verdict for cruise-ship door injury, cites deleted emails

A federal judge in Seattle has vacated a $21.5 million verdict awarded to a man injured by a closing cruise-ship door in 2011, saying he deleted emails that should have been produced in discovery. U.S. District Judge Barbara Rothstein tossed the verdict for James Hausman on Monday and ordered a…

Jan 6, 2016 7:45 AM CST