Tort Law

Judge Nixes Perjury Case Against Investigator Blamed for Wrongful Conviction; Defendant Got $10M

A Colorado judge has nixed seven perjury counts against a Fort Collins police investigator blamed for the wrongful 1999 murder conviction of Timothy Masters, finding that the state had brought the case too late. Agreeing with a defense argument that the statute of limitations had run on the charges against…

May 9, 2011 7:47 PM CDT

Grieving Slain Teens, Dad Prepares to File Wrongful Death Suit Against His Soon-to-Be Ex-Wife

Now that his two teenage children are dead, Parker Schenecker wants to focus on doing good in their memory. He is divorcing his wife, who is accused of shooting the couple’s son, 13, and daughter, 16, to death during a seemingly routine day of family activities. And, in an attempt…

May 9, 2011 5:27 PM CDT

Lawsuit Alleges Fraud in Federal Bailout of AIG

The American International Group and four large banks engaged in a widespread and systematic fraud of U.S. taxpayers in connection with the federal bailout of the insurance giant during the financial crisis of 2008, according to a lawsuit unsealed April 28. The lawsuit (PDF), filed last September in federal district…

May 6, 2011 9:58 PM CDT

BigLaw Feels the Heat as Failed Companies and Their Trustees Blame Law Firms for Their Demise

Updated: Several law firms are facing malpractice suits accusing them of contributing to the demise of bankrupt companies, leading to harm to shareholders or investors. Some of the suits seek hundreds of millions of dollars in damages. Among the firms targeted are Bryan Cave, Sedgwick, Holland & Knight, and Baker…

May 6, 2011 3:53 PM CDT

Sedgwick Faces $200M Malpractice Suit by Receiver for Failed Financial Services Company

A receiver for a failed financial services company alleges in a $200 million malpractice suit that Sedgwick had a conflict of interest when it represented two competing divisions of the business. The suit claims Sedgwick aided the company, Medical Capital Holdings Inc., in a breach of fiduciary duty, Reuters reports.…

May 6, 2011 1:07 PM CDT

‘Beverly Hillbillies’ Actress Files Suit Against Mattel Over ‘Elly May Barbie’

Actress Donna Douglas, who played buxom, none-too-bright Elly May Clampett on the 1960s television hit The Beverly Hillbillies, has filed a federal lawsuit against Mattel Inc., over the toymaker’s new “Elly May Barbie” doll. Although she never gave permission, the packaging for the doll uses a photo of her in…

May 5, 2011 10:35 PM CDT

New Climate Change Suits Take Unusual ‘Public Trust’ Approach

A series of climate change lawsuits being filed across the country rely on a novel approach—the public trust doctrine—but the litigation’s success could turn on pre-emption doctrine rather than tort law. The suit filed by a coalition group called Our Children’s Trust argues that key agencies have failed to protect…

May 5, 2011 3:57 PM CDT

2nd Circuit Overturns Injunction Against Southern Gun Shops Accused in NYC Nuisance Suit

A federal appeals court has upheld a default judgment against two Southern gun stores accused of having “New Yorkers’ blood on their hands,” but ruled the injunctions issued against them were overbroad. The New York-based 2nd U.S. Circuit Court of Appeals ruled on Wednesday, the New York Post reports. New…

May 5, 2011 12:39 PM CDT

Felony Franks Sign Doesn’t Cut the Mustard, Chicago Says; Owner of Misdemeanor Wiener Provider Sues

Tired of what he describes as unreasonable ongoing delay by the city of Chicago and a local alderman in approving a sign for his restaurant, the owner of Felony Franks has filed a federal lawsuit. Customers deserve a chance to buy a “misdemeanor wiener” at his Near West Side hot…

May 5, 2011 12:31 AM CDT

Lawyer for Mel Gibson’s Ex Reverses Plan re Custody Case; Judge and Actor’s Lawyer ‘Visibly Shocked’

Both the judge and a lawyer for Mel Gibson were “visibly shocked” today when an attorney for the actor’s former girlfriend announced during a court hearing that she would no longer seek to have his alleged domestic violence considered concerning the custody of the celebrity couple’s child, TMZ reports. Sources…

May 4, 2011 10:01 PM CDT

Army Corps Blasts Hole in Levee to Save Ill., Ky. Towns, Water Level Drops, Flooded Mo. Farmers Sue

In an emergency effort to prevent floodwater from inundating towns in Illinois and Kentucky, the U.S. Army Corps of Engineers last night blasted a hole in a levee near Cairo, Ill., where the Mississippi and Ohio rivers meet. An Army Corps spokesman says the plan seems to be working, since…

May 3, 2011 9:14 PM CDT

Lawsuit: Aaron’s Rental Co. Laptops Can Track Users’ Keystrokes and Screenshots, Take Webcam Photos

Updated: A couple who purchased a laptop computer from an Aaron’s Rental Co. store in Casper, Wyo., has filed a federal lawsuit seeking class action status against the 1,500-outlet North American chain. It contends that Aaron’s equipped all of the computers it rented, and sometimes sold, to customers with a…

May 3, 2011 8:34 PM CDT

Top Mass. Court Puts Law Firm Back on Med-Mal Client’s Case, But Says Firm Can Select Attorney

When an individual lawyer at Thomas M. Kiley & Associates cited both a plan to withdraw temporarily from the practice of law and irreconcilable differences with a medical-malpractice client, the state court judge overseeing the case allowed her to withdraw. But he ordered the law firm to continue with the…

May 3, 2011 5:13 PM CDT

US Sues Deutsche Bank for Alleged Reckless Lending, Claims Unopened Reviews Stuffed in Closet

Deutsche Bank and its subsidiary MortgageIT are accused of reckless lending in a lawsuit filed today by the federal government. The suit accuses Deutsche Bank and its mortgage unit of lying to be included in a Federal Housing Administration program to insure mortgages, Reuters reports. The complaint alleges the lenders…

May 3, 2011 2:02 PM CDT

Suit Says Facebook Violates NY Law When Minors ‘Like’ Products Without Parents’ OK

A federal lawsuit filed today in Brooklyn, N.Y., contends Facebook Inc. is violating state advertising law by allowing minors to “like” products on the social networking site without getting parental permission. The action seeks damages under a state civil rights law that bans using an individual’s likeness for advertising purposes…

May 2, 2011 10:45 PM CDT