Tort Law

Real-life details of crime fiction writer’s high finances revealed at trial

Crime doesn’t pay, but crime writing apparently does, according to evidence offered in the trial of a suit brought by author Patricia Cornwell. The author, known for her fictional accounts of a medical examiner, is suing wealth management firm Anchin, Block & Anchin and one of its former principals for…

Jan 16, 2013 12:00 PM CST

Victim’s widow sues psychiatrist re Batman movie theater massacre

Corrected: The widow of a man massacred last year, with nearly a dozen others, in a July 20 shooting rampage at a Colorado movie theater showing the new Batman movie has sued the former treating psychiatrist of the suspected gunman, James Holmes. Dr. Lynne Fenton acted negligently by failing to…

Jan 15, 2013 10:01 PM CST

Is a dead goldfish like a dead dog for damages purposes? State’s top court to decide

Hearing oral arguments last week about a Texas law that provides for “sentimental” damages for the loss of treasured objects, but not living pets, some judges on the state’s top court appeared a bit skeptical, the Associated Press reports. If such damages were to be applied to the loss of…

Jan 14, 2013 2:30 PM CST

Supreme Court Considers State’s Quest for One-Third of Girl’s Med-Mal Settlement

The medical care of 12-year-old Emily Armstrong is at the center of a pre-emption case before the U.S. Supreme Court. Justices heard oral arguments in the case on Tuesday, according to McClatchy Newspapers and SCOTUSblog, which previewed the case. Armstrong, of Taylorsville, N.C., was injured at birth, allegedly as a…

Jan 9, 2013 2:26 PM CST

Owner of Hepburn Estate Loses Claim that Historic Commission Caused Him Emotional Distress

Corrected: A developer who owns the Connecticut estate of Katharine Hepburn won’t be able to pursue a counterclaim against a historic commission that alleged the agency’s decision on two granite posts exceeded its powers and caused emotional distress. Frank Sciame built the posts at the end of his driveway 5…

Jan 9, 2013 12:00 PM CST

Dorsey & Whitney Faces Malpractice Suit Over Dual Representation in Small Real Estate Matter

A well-known Minneapolis-based international law firm is facing a malpractice suit over a former associate’s representation of both parties in the purchase of an ownership share in a Wisconsin bed-and-breakfast. The purchasers, who are represented by Robins Kaplan Miller & Ciresi, have sued Dorsey & Whitney, contending that they weren’t…

Jan 4, 2013 5:23 PM CST

2 Plaintiffs Lawyers Lose Civil RICO Case re CSX Asbestos Claims; Federal Jury Awards $429K

Two Pittsburgh lawyers were found civilly liable by a federal jury in Wheeling, W.Va., along with a doctor they hired to screen asbestos cases, for helping railroad employees pursue fraudulent claims against CSX Transportation. Lawyers Robert N. Peirce Jr. and Louis A. Raimond violated the federal Racketeer Influenced and Corrupt…

Jan 3, 2013 3:55 PM CST

Former Law Student Sues Head Shops for Selling Him Nitrous Oxide

A former California law student who suffered a spinal cord injury he attributes to nitrous oxide has sued three head shops that sold him the substance. Jason Starn was a Modesto school teacher and student at the Humphreys College Laurence Drivon School of Law when he began buying the dental…

Jan 3, 2013 2:34 PM CST

Do Footnoted Allegations of Vegetarian Bias Amount to Defamation? Suit Targets Law Review Article

A law professor who wrote a law review article on gender-stereotyping theory has been sued for alleged defamation over a footnoted case study he used involving a claim of vegetarian bias. The defendant, employment law professor Zachary Kramer, is now associate dean for intellectual life at Arizona State University’s Sandra…

Jan 3, 2013 11:30 AM CST

California Supremes Toss Suit over Bumper Car Injury, Cite Inherent Risk

The California Supreme Court has dismissed a suit by a doctor who broke her wrist while riding in a bumper car at Great America, citing the inherent risk of such injuries. The court ruled on Monday against San Jose doctor Smriti Nalwa, who broke her wrist in a head-on collision,…

Jan 2, 2013 5:15 PM CST

Career Advice from a BigLaw Refugee: Stop Whining, Find a Cause You Love, and the Money May Follow

Former BigLaw lawyer Ted Frank made a career change and learned a lesson in the process: There’s lots of “low-hanging litigation fruit for the picking.” Frank has more work than he can handle after starting the Center for Class Action Fairness in 2009 to represent consumers challenging class action settlements.…

Jan 2, 2013 11:29 AM CST

Appeals Court ‘Troubled’ By NY Law School Job Stats, But Says Lower Court Was Right to Nix Suit

A Manhattan appeals court ruled Thursday that a trial court judge was right to dismiss a lawsuit by graduates of New York Law School over the institution’s marketing materials. The Appellate Division, First Department held that the school’s disclosures about its graduates’ employment, although “unquestonably incomplete,” weren’t actionable under a…

Dec 20, 2012 7:12 PM CST

Investors Sue Cozen and Blank Rome, Say Ex-Partner Conspired to ‘Dupe’ Them in $27M Real Estate Deal

A group of investors is suing Cozen O’Connor and Blank Rome, contending that a former partner of both law firms conspired with a landlord and his business partner to “dupe” them concerning the value of a real estate development project. The former partner, Charles Naselsky, is currently serving federal time…

Dec 20, 2012 5:01 PM CST

1st Circuit Rules for Barbara Walters in Suit Claiming Book Misrepresented Boarding School Incident

A federal appeals court has ruled that a memoir by Barbara Walters did not defame a woman who attended boarding school with Walters’ daughter. The Boston-based 1st U.S. Circuit Court of Appeals ruled (PDF) on Tuesday that Walters’ statements in the book Audition: A Memoir were not defamatory as a…

Dec 20, 2012 3:23 PM CST

31 Ex-Clients Sue O’Quinn Law Firm, Say ‘Silicosis Litigation Machine’ Took Excess Expenses

A federal lawsuit has been filed by 31 former clients of the John O’Quinn law firm in Texas, contending that what they describe as a “silicosis litigation machine” took unauthorized and excessive expenses from their settlement money. Quinn died in a sports-utility vehicle accident in 2009, but his estate is…

Dec 19, 2012 10:21 PM CST