Tort Law

Federal Judge Says Zediva’s Rent-a-DVD-and-Player Online Business Infringes, OKs Injunction

A creative concept for providing instant access to movies as soon as they are available on DVD, by renting both a DVD and a player to a single customer via the Internet, arguably complied with copyright law. But a federal judge in central California agreed with movie studios that it…

Aug 3, 2011 6:02 PM CDT

Frank McCourt Says His Legal Malpractice Claim Could Be Worth Hundreds of Millions of Dollars

Dodgers owner Frank McCourt contends in court filings that he could be entitled to “hundreds of millions of dollars” as a result of alleged malpractice by the law firm that drafted a prenup for him. McCourt made the claim as he battles Bingham McCutchen, which filed suit in April seeking…

Aug 3, 2011 1:01 PM CDT

Defendant State’s Attorney Scores 2nd Directed Verdict, May Sue His Accusers

For the second time in four months, a sitting Illinois prosecutor facing felony charges over his alleged misuse of his office for political purposes has won a directed verdict in a bench trial. McHenry County State’s Attorney Louis Bianchi will now consider possible litigation against his accusers, his lawyer, Terry…

Aug 2, 2011 9:13 PM CDT

Lesbian Spouse of Deceased Cozen Partner Sues Firm and Spouse’s Parents Over Benefits

Married in Canada to a Cozen O’Connor partner, the lesbian spouse of Sarah Ellyn Farley filed a counterclaim in federal court in Philadelphia yesterday staking a claim to benefits following Farley’s death. Naming the firm and Farley’s parents as defendants, Jennifer Tobits says she is entitled to her spouse’s profit-sharing…

Aug 2, 2011 8:27 PM CDT

Suit Filed Over 75 Cent Unwanted Newspaper

A man who claims he was charged 75 cents on his hotel bill for a newspaper that was placed at his door is suing Hilton Hotels Corp. in federal court. Rodney Harmon maintains he saw a copy of USA Today near the door of his Hilton Garden Inn Sonoma County…

Aug 2, 2011 7:40 PM CDT

Top Mass. Court Nixes Seyfarth Claim That Texas Law Firm Said Too Much, Gives Pro Hac Vice OK

Rejecting an argument by Seyfarth Shaw that an out-of-state lawyer from a Texas law firm should be precluded from appearing pro hac vice in a legal malpractice case against Seyfarth, the top court in Massachusetts held that negative statements by a Bickel & Brewer attorney about Seyfarth, in a state-court…

Aug 2, 2011 6:58 PM CDT

Judge Dismisses Pro Se Paralegal’s Suit Against Facebook Friend

A judge in Michigan has dismissed a lawsuit brought by paralegal Cheryl Gray, who claimed she was dumped and defamed by a Seattle man she met on Facebook. The 50-year-old Livonia woman, who represented herself in court, wanted to recoup more than $8,000 for gifts she bought for Wylie Iwan,…

Aug 2, 2011 1:40 PM CDT

Good Samaritans Sue Woman They Rescued From Burning Hummer, Seek Compensation for Injuries

Hailed as heroes for rescuing an Ohio woman from a burning SUV in 2009, David Kelley, 39, and Mark Kinkaid, 43, are now suing her over their injuries. The two say in their Marion County Common Pleas Court suit that they suffered disabling injuries after breaking the window of Theresa…

Aug 1, 2011 9:10 PM CDT

With Law Firm’s Aid, Studio Strikes Back by IDing Alleged Culprit in Hacking of ‘Twilight’ Images

Heartbroken to see images on the Internet earlier this year from its latest, as-yet-unreleased film in the Twilight Saga vampire romance series, a movie studio went the extra mile. Summit Entertainment put the Kroll Inc. private investigator and law firm Keats McFarland & Wilson on the case to try to…

Aug 1, 2011 6:20 PM CDT

Federal Jury Says Law Firm Must Pay $1.26M for Trying to Collect Debt That Wasn’t Owed

Corrected: A law firm that twice attempted to collect a debt from a New Mexico woman that she didn’t owe, in a case of mistaken identity, must pay her $1.26 million, a federal jury in Santa Fe ruled Friday. Attorney Rob Treinen of Albuquerque represented the winning plaintiff, Lucinda Yazzie,…

Aug 1, 2011 5:51 PM CDT

Railroad Claims Asbestos Law Firm Engaged in Racketeering

CSX Transportation has expanded its claims against a Pittsburgh law firm that represented thousands of railroad workers filing asbestos suits through a fast-track system in West Virginia. In a July 14 legal filing in West Virginia federal court, CSX alleges Robert Peirce & Associates used unreliable mass lung screenings and…

Aug 1, 2011 3:35 PM CDT

Bottoms Up, Litigation Down: Microbrewers Forsake Litigation, Opt for Collaborative Blend

With hundreds of microbreweries churning out new craft beers every year, clever names are in short supply. So it’s hardly a surprise that two different brewers would end up selling a Belgian ale with the name Salvation. One or the other could have fired off a cease-and-desist letter. Or both…

Aug 1, 2011 8:00 AM CDT

They Grow Up So Fast: Parents Write Script, Expect Kids and Courts to Make It Happen

Be it sports or spelling bees, some parents don’t seem able to even fathom the possibility that their precious snowflake isn’t better than the other kids at just about everything. Such a mindset leads them to place their future Einsteins on the treadmill to success, all the while ratcheting up…

Aug 1, 2011 5:10 AM CDT

Are Bank Suits by Madoff Trustee ‘Doomed’? Adverse Ruling Follows $1B Settlement

The bankruptcy trustee recovering funds for victims of Bernard Madoff saw victory before being hit with a big setback yesterday. Trustee Irving Picard reached a $1 billion settlement with Madoff feeder fund Tremont Group Holdings Inc., only to learn hours later of an adverse ruling in a different case. The…

Jul 29, 2011 12:17 PM CDT

Legal Recruiter Sued by BigLaw Partner She Sent to Patton Boggs Says He’s to Blame for Any Issues

A Texas legal recruiter sued by a partner of Bryan Cave has filed an answer (PDF) to his Dallas County complaint (PDF). Contrary to what Chris Gilbert contends, says Diane Caldwell of Caldwell & Associates Inc., she never owed contractual or fiduciary alleged duties to him, let alone breached them…

Jul 28, 2011 7:45 PM CDT