Tort Law

10 years after fatal accident, conviction is reversed; GM knew its car was to blame but kept quiet

Convicted of negligent homicide in a fatal 2004 crash that killed her fiance, a Texas woman has lived with guilt and public disapprobation and worried about her limited career options for nearly a decade. But on Monday, almost exactly a decade after the accident, a Van Zandt County judge granted…

Nov 24, 2014 12:05 PM CST

Can Chicago deputize law firm to do city’s job? No, say companies sued in painkiller-marketing case

Sued by the city of Chicago earlier this year over their marketing of painkillers, a group of pharmaceutical companies is now fighting back. The seven defendant companies are seeking to disqualify Cohen Milstein Sellers & Toll, the special assistant corporation counsel deputized by Chicago to handle the case on a…

Nov 19, 2014 2:55 PM CST

Jury awards $638K to mom who sued over claimed sex abuse of adult daughter; defense argued consent

A jury has awarded $638,000 to the plaintiff in an unusual Connecticut lawsuit filed by a mother over claimed sexual abuse of her highly intelligent but mentally ill adult daughter. The first time around, the jury in the Stamford Superior Court case reached a defense verdict for Craig Martise, a…

Nov 18, 2014 3:39 PM CST

Passengers get $2,500 for 10-hour ordeal on cold subway during 2010 snowstorm

Passengers who spent 10 hours stuck on an unheated New York City subway train without food or water during a major 2010 snowstorm are getting paid about $250 an hour for doing so. A settlement reached between the Metropolitan Transit Authority and 38 passengers calls for each to get a…

Nov 18, 2014 11:35 AM CST

Woman whose 4 pit bulls killed neighbor’s dog, in its own yard, sues neighbor for $1M

Last month, four pit bulls owned by Emerald White reportedly went through a boundary fence between two Texas homes and killed her neighbor’s 10-year-old beagle. Now a lawsuit has been filed—by White—against the owner of the beagle because White says she was injured after she herself went onto her neighbor’s…

Nov 17, 2014 4:25 PM CST

Man who fell out of reclining chair during deposition loses negligence case against law firm

A New Jersey law firm was not liable for damages claimed by a man who fell out of a chair while attending his wife’s deposition, a state appeals court has ruled, affirming a summary judgment dismissing the case. At issue was whether Wolff Helies Duggan Spaeth & Lucas had a…

Nov 17, 2014 10:25 AM CST

Billionaire’s fraud suit says lawyer transferred $49M for space flight venture to offshore company

A Japanese billionaire has sued a Texas patent and space law attorney, contending that he was defrauded of $49 million that was supposed to pay for a commercial space flight venture. Instead of spending on the planned space project, alleges plaintiff Takafumi Horie, attorney Art Dula transferred the money from…

Nov 14, 2014 3:40 PM CST

‘Hunters’ targeted lawyer as ‘prey’ in fatal carjacking at upscale mall, retired detective says

As four suspects await trial in the slaying of a New Jersey lawyer during a carjacking last December in the parking lot of an upscale shopping mall, Dustin Friedland’s widow is pursuing civil litigation against the Mall of Short Hills and an ambulance company over his death. After a legal…

Nov 13, 2014 2:10 PM CST

Family of Ebola patient initially not admitted has settled with Dallas hospital

The family of a man whose Ebola wasn’t initially diagnosed by a Texas hospital has settled a potential claim against the facility over his delayed treatment for an undisclosed amount. However, attorney Les Weisbrod, who represents the survivors, called the agreement a “very good deal” that will not only provide…

Nov 12, 2014 1:15 PM CST

Lawmaker wins election, is convicted of lesser counts in barratry case, then wins a mistrial

Over the past seven days, a Texas lawmaker has been tried in a barratry case, won reelection, been convicted on lesser included misdemeanor counts and seen the verdict thrown out due to claimed juror misconduct. On Monday, a lawyer for state Rep. Ron Reynolds expected to begin the sentencing phase.…

Nov 10, 2014 4:05 PM CST

Woman sues nail salon, says pedicure resulted in leg amputation

A woman has sued a Portland, Oregon, nail salon, contending that a pedicure resulted in the amputation of her right leg. Madhu Kumar alleges in her complaint that a Nails Trap pedicurist tried to shave calluses off her feet in 2012, resulting in the negligent laceration of “the media distal…

Nov 7, 2014 5:20 PM CST

This Duquesne law grad surpassed his aspirations when he filed a groundbreaking NFL concussion suit

Pennsylvania lawyer Jason Luckasevic aspired to represent working folks and to someday own a nice vehicle after he graduated from Duquesne’s law school and started practice in 2000. Luckasevic began work at Goldberg, Persky & White by taking asbestos depositions for steel plant workers every day for six months, according…

Nov 7, 2014 5:45 AM CST

Is an Uber ride covered if an accident occurs? Insurance representatives are dubious

It isn’t just traditional taxi drivers who see a problem with the ride-sharing service offered by Uber. Linking potential customers, via a smartphone application, with private drivers willing to take them to their destinations may result in a fare lower than what a traditional cab company would charge. But it…

Nov 6, 2014 6:05 PM CST

Lawyer for Jameis Winston tweets accuser’s name; could he be held liable?

The lawyer for Florida State University quarterback Jameis Winston tweeted the name of the woman accusing the football star of sexual assault on Tuesday while complaining that the school was giving too little time to prepare for a disciplinary hearing. The tweet by David Cornwell raised eyebrows, though it is…

Nov 6, 2014 9:09 AM CST

Lawyer sanctioned $1M for allowing smoking reference in med-mal trial

A Pennsylvania lawyer has been ordered to pay nearly $1 million in attorney fees for allowing an expert witness to refer to a lung cancer victim’s history of smoking in a May 2012 medical malpractice trial. Defense lawyer Nancy Raynor of Malvern, Pennsylvnia, told the Legal Intelligencer that insurance would…

Nov 6, 2014 7:28 AM CST