Tort Law

‘Pink Slime’ Beef Producers Sue ABC, Diane Sawyer, USDA Microbiologist and Others, Seek $1.2B

A group of companies that produce lean finely textured beef–called “pink slime” by some critics–has filed a defamation suit over news coverage that included the nickname and, plaintiff Beef Products Inc. alleges, falsely portrayed the meat as unhealthy. Winston & Strawn’s chairman, Dan Webb, represents BPI concerning the 257-page lawsuit,…

Sep 13, 2012 4:22 PM CDT

Judge Tosses Suit Accusing DePaul Law School of Using Misleading Job Statistics

Corrected: Another judge has tossed another lawsuit accusing a law school of misleading prospective students through incomplete job statistics. On Wednesday, Judge Neil Cohen of Cook County dismissed the suit filed by nine graduates of DePaul University College of Law in Chicago, the Wall Street Journal Law Blog reports. The…

Sep 13, 2012 11:32 AM CDT

NY Appeals Court Overturns $5M Malpractice Verdict Against Bryan Cave in Collateral Estoppel Case

A New York appeals court has overturned a $5.1 million malpractice award against Bryan Cave and one of its former lawyers that had ballooned to $10.6 million with interest. The Appellate Division, First Department ruled on Tuesday, the New York Law Journal reports. The plaintiff, Herbert Feinberg, sued the law…

Sep 12, 2012 4:14 PM CDT

Federal Judge Certifies Class In ‘Sewer Service’ Suit Against NY Debt Collection Law Firm

A federal judge in Manhattan has certified a class that potentially includes thousands of plaintiffs in a lawsuit against consumer debt purchaser Leucadia National Corp. and a New York law firm, Mel S. Harris and Associates, that specializes in debt collection. Alleging violations of not only the federal Fair Debt…

Sep 12, 2012 3:51 PM CDT

Lawyer Sues Tampa Police for Shocking Him with Stun Gun at Code Violation Hearing

A Florida lawyer claims in a lawsuit that a Tampa police officer shocked him twice with a stun gun at a code enforcement hearing. According to the police version of events, the stun gun was used on Carl Roland Hayes after he slapped an officer escorting him from the meeting,…

Sep 12, 2012 1:32 PM CDT

As More States Enact Social Host Laws, Parents Face Jail Time for Kids’ Drinking Parties

Parents are increasingly targeted for their children’s at-home drinking parties under social host laws now on the books in 28 states. Parents can face criminal or civil penalties under the laws if they permit underage teens to drink on their property, no matter who supplies the alcohol and even if…

Sep 12, 2012 12:44 PM CDT

Stephen Baldwin Sues Kevin Costner’s Lawyer for $10M After Losing at Oil Spill Cleanup Machine Trial

Stephen Baldwin. s_bukley / Shutterstock.com Kevin Costner. s_bukley / Shutterstock.com After losing a legal battle over a premature decision to sell his stake in an oil spill cleanup machine company just before a major oil company placed a $52 million order, actor Stephen Baldwin hasn’t yet given up his war…

Sep 11, 2012 9:42 PM CDT

PI Lawyer Plans to Sue His Alleged Attackers, Located Through iPhone Tracking

A North Dakota personal injury lawyer who was beaten and robbed after confronting three men early Saturday plans to sue the alleged attackers, even though he has little expectation of recovering much money from any judgment. The lawyer, a Grand Forks resident, declined to be identified because of fears the…

Sep 11, 2012 11:35 AM CDT

Federal Judge OKs Suit Against SEC re Alleged 12-Year Delay Alerting SIPC of Allen Stanford Fraud

Rejecting a claim that the judicial branch lacks jurisdiction to tell the U.S. Securities and Exchange Commission what to do when fraud is suspected, a federal judge in Miami has given the green light to a lawsuit brought against the SEC by investors who say they lost millions in the…

Sep 10, 2012 5:24 PM CDT

Real Estate Now Tops Legal Malpractice Claims List, ABA-Published Study Shows

For the first time, real estate matters are now the most-frequent subject of malpractice claims against lawyers, a new study has found. Results of a 2008-2011 survey of 53,000 insurance claims were announced Thursday by the ABA Standing Committee on Lawyers’ Professional Liability in conjunction with the National Legal Malpractice…

Sep 6, 2012 2:00 PM CDT

Calif. Appeals Court Allows Emotional Distress Damages for Pet Owners in Intentional Injury Case

A California appeals court has upheld $50,000 in emotional distress damages for pet owners who claim their neighbor intentionally injured their dog. The Fourth District Court of Appeal said such damages may be allowed for intentional injury, but not for negligence, the Recorder reports. The plaintiffs, David and Joyce Plotnik,…

Sep 5, 2012 4:45 PM CDT

Is Online Assertion that Doc Is ‘a Real Tool’ Protected Opinion? Minn. Top Court Mulls the Issue

An assertion that a Duluth neurologist is “a real tool” is at the center of a defamation battle pending before Minnesota Supreme Court. Dennis Laurion criticized Dr. David McKee’s bedside manner on several doctor-rating websites, the Minneapolis Star Tribune reports. McKee had treated Laurion’s elderly father after a stroke, and…

Sep 5, 2012 1:31 PM CDT

Pricing Amy: Should Those Who Download Child Pornography Pay the Victims?

“Amy” was just 4 years old when her uncle first trained his sights on her. He gave her rides on his motorcycle and bought her treats, including her favorite, beef jerky—gaining her trust before he started doing the unspeakable. It wasn’t until Amy was 7 or 8 years old, according…

Sep 1, 2012 10:30 AM CDT

A Bite Worse Than Its Bark: Maryland Puts Pit-Bull Owners on Liability Notice

After sending strong signals for more than a decade, the Maryland Court of Appeals told pit bull owners—and their landlords—they can be held strictly liable for dog attacks on people. (For now, the ruling has been stayed, pending the outcome of a motion for reconsideration.) Not surprisingly, pit bull owners…

Sep 1, 2012 8:49 AM CDT

Jury Says PI Firm Must Pay Ex-Client $2M for Pressuring Her to Settle Auto Case for Too Little

A jury in Denver this week awarded over $2 million, including $1.5 million in punitive damages, to a former client who said a Colorado personal injury law firm pressured her to settle her case for less than it was worth. Chad Hemmat of Anderson Hemmat & Levine has said he…

Aug 31, 2012 8:18 PM CDT