Tort Law

Retiree can pursue nuisance suit for farmer’s loud music concerts, Tennessee Supreme Court rules

Music festivals found to be part of a farmer’s “right clever marketing operation” aren’t protected from nuisance suits under Tennessee’s right-to-farm law, the state supreme court has ruled. Tennessee law protects farmers from nuisance suits for growing or raising farm products, but not for marketing intended to further the income…

Aug 26, 2013 10:45 AM CDT

Ron Motley—asbestos and tobacco ‘class-action pioneer’—has died

South Carolina lawyer Ronald L. Motley who led billion-dollar suits against the asbestos and tobacco industries died Thursday. He was 68. “Ron was a true giant of the legal profession. A trail blazer and innovator,” Motley’s longtime friend and Motley Rice co-founder Joe Rice said in a statement. Rice described…

Aug 22, 2013 10:43 PM CDT

2nd Circuit nixes $50M suit against Yale over PhD mix-up that fanned hiring scandal flames

A federal appeals court has affirmed the dismissal of a case in which a South Korean university sought tens of millions of dollars in tort damages from Yale University after hiring a professor who falsely claimed to have earned a doctorate degree at Yale. A major scandal resulted from Dongguk…

Aug 15, 2013 9:10 PM CDT

Judge Judy’s son, a New York DA, sues sheriff for alleged defamation

The District Attorney in New York’s Putnam County has filed a $5 million defamation suit against the sheriff for the lawman’s claim that the DA improperly interfered with a rape prosecution. At the center of the suit by by Putnam County District Attorney Adam Levy is the prosecution of his…

Aug 15, 2013 1:23 PM CDT

Federal judge nixes investor suit against SEC for not warning SIPC of $7B fraud by Allen Stanford

After initially giving the green light to a lawsuit that said securities regulators for years failed to warn investors of what they believed to be a massive fraud by former billionaire R. Allen Stanford, a federal judge in Florida has dismissed the case. U.S. District Judge Robert Scola said plaintiffs…

Aug 13, 2013 5:24 PM CDT

Cheerleader’s defamation verdict against thedirty.com is upheld

A federal judge has upheld a $338,000 defamation verdict against thedirty.com obtained by a former Cincinnati Bengals cheerleader. U.S. District Judge William Bertelsman said the website and its founder weren’t protected from liability because they played a significant role in developing the content, the Associated Press reports in stories posted…

Aug 13, 2013 4:19 PM CDT

Are those eggs really cruelty free? Food labeling scams open up opportunities for litigation

Concerned about whether you’re getting what you’re paying for with animal products advertised as natural and treated with “care”? You can change the world through your purchasing by demanding foods produced by humanely treated animals, says Carter Dillard, director of litigation for the Animal Legal Defense Fund in California. But to…

Aug 10, 2013 8:54 PM CDT

Cops in high-speed chases owe duty to fleeing suspects, Utah Supreme Court rules

Ruling in the case of a teen who died in a high-speed chase, the Utah Supreme Court has held that police owe a statutory duty of care to fleeing suspects. The state court had previously ruled that police owed a duty of care to innocent third parties during high-speed police…

Aug 8, 2013 2:20 PM CDT

Partner reprimanded after taking plea in attorney email hacking case, has also settled lawsuit

Originally charged with multiple felonies, a partner in a Michigan law firm took a misdemeanor plea in a case in which he was accused of hacking into a fellow attorney’s personal email account and has been reprimanded by a state attorney discipline board for his conduct. Steven F. Spender also…

Aug 7, 2013 6:15 PM CDT

Judge orders EEOC to pay $4.7M in legal fees in Jenner & Block case

In the latest chapter of a litigation saga that has proven expensive for the feds, Jenner & Block has won what could be a record $4.7 million in attorney fees and costs from the Equal Employment Opportunity Commission. At issue was an employment discrimination case brought by the EEOC against…

Aug 6, 2013 8:31 PM CDT

Law firm files racketeering suit over legal consultant’s claimed ‘bogus Internet marketing program’

Updated: A Michigan law firm has filed a federal civil racketeering lawsuit against a legal consultant that allegedly sold a “bogus Internet marketing program” to multiple small practitioners, sparking Web comment and criticism of all parties involved in the case. The plaintiff firm, Seikaly & Stewart, says that The Rainmaker…

Aug 6, 2013 5:55 PM CDT

Want to avoid serious brain and neck injuries? Don’t play football, helmet warning says

The warning label used by football helmet maker Schutt Sports offers some sobering advice. “No helmet system can protect you from serious brain and/or neck injuries including paralysis or death,” the label says. “To avoid these risks, do not engage in the sport of football.” Rawlings followed Schutt’s lead when…

Aug 6, 2013 11:30 AM CDT

Ex-prosecutor fired after testifying against boss can assert 1st Amendment claim, 7th Circuit says

A former assistant prosecutor in suburban Chicago can assert a First Amendment claim concerning his allegation that he was fired for cooperating when he was subpoenaed by a special prosecutor to testify against his then-boss, a federal appeals court has ruled. Reversing a district court judge, the Chicago-based 7th U.S.…

Aug 5, 2013 10:50 PM CDT

Ex-client sues law firm, says it withheld key info in real estate development project

An Ohio law firm has been sued by a former client, who blames alleged bad advice by Keating Muething & Klekamp for a decision of him and other investors guarantee more than $90 million in financing for a failed retail and office complex known as Kenwood Towne Place. The uncompleted…

Aug 5, 2013 10:10 PM CDT

Man uses 7,500 pounds of quarters to pay judgment in wrongful death case

The father of a teenager killed in a 2001 auto accident has paid a $150,000 of a judgment in a wrongful death case to two Illinois law firms, entirely in quarters. They weighed 7,500 pounds, WSIL reports. Roger Herrin wound up owing other victims in the crash more than $500,000,…

Aug 2, 2013 3:21 PM CDT