Tort Law

Virginia Tech Gunman’s Missing Counseling File Found in Doctor’s Home

A missing file for the gunman who killed 32 people in a 2007 shooting rampage at Virginia Tech has been discovered in the home of a former director for the college’s counseling center. An announcement that the the file had been located was made this morning by Gov. Timothy Kaine,…

Jul 22, 2009 7:09 PM CDT

Jailed Attorney Sues Billionaire Ex-Client, Seeking to Retain $36M Quellos Fee

Seeking to retain $36 million in claimed advisory fees paid in connection with a Quellos Group tax shelter that put a billionaire media mogul in hot water, a jailed California lawyer has sued his former client in the latest chapter of a convoluted investment saga that has created trouble for…

Jul 22, 2009 5:30 PM CDT

Lawyers Seek Order Barring Top Pa. Court from Destroying Juvenile Records

A bizarre case in which two senior Pennsylvania judges in Luzerne County are accused of having profited from putting hundreds—or perhaps even thousands—of youths into juvenile detention for relatively minor offenses has now taken a strange new twist. In an extraordinary filing, lawyers representing individuals allegedly improperly jailed as youngsters…

Jul 21, 2009 10:59 PM CDT

‘Big Brother’ Amazon Deleted Orwell E-Books, Some Say; Lawyer Threatens Suit

In what some consider an Orwellian remedy, Amazon eliminated from users’ Kindles last week electronic copies of the classic George Orwell books Animal Farm and Nineteen Eighty-Four after determining that that they were sold without proper authority. Although the Internet retailer also refunded the 99-cent purchase price, the move elicited…

Jul 21, 2009 7:41 PM CDT

Apologizing for Medical Errors Makes Good Business Sense, Lawyer Says

Medical malpractice defense lawyer Richard Boothman says admitting mistakes is not only the right thing to do—it’s also a good business strategy. Boothman, chief risk officer for the University of Michigan Health System, wrote about the cost savings of an early apology and compensation for medical malpractice victims in an…

Jul 21, 2009 4:09 PM CDT

Motown Songwriter Files Suit Against Willkie Farr Over Royalty Securitization

Motown songwriter Lamont Dozier has filed a malpractice suit against Willkie Farr & Gallagher that claims the law firm represented two sides of the table when securitizing Dozier’s future song royalties. The suit says the law firm issued opinion letters for trust documents and songwriter agreements while also representing Dozier,…

Jul 21, 2009 12:16 PM CDT

First Amendment Lawyer Uses Free Speech Defense for S&P

Floyd Abrams doesn’t just represent media clients waging battles on behalf of truth and the American Way. He also represents a ratings agency—Standard & Poor’s—that has been targeted for its role in the financial crisis, the New York Times reports in a profile. The ratings agency is among several that…

Jul 20, 2009 1:36 PM CDT

Trauner Cohen Used $1.3M ‘Filing Fees’ for Firm Expenses, Client Suit Contends

A Georgia law firm used more than $1.3 million that was supposed to have been spent to file over 15,000 debt collection lawsuits for its own expenses, a client lawsuit contends. The suit, which was filed against Trauner Cohen & Thomas in federal court in Atlanta earlier this month, asserts…

Jul 17, 2009 5:27 PM CDT

Donald Trump Loses Libel Suit Over Author’s Claim He’s a Mere Millionaire

A libel suit brought by billionaire—or is that mere millionaire?—Donald Trump over an author’s claim that the real estate mogul’s net worth is only about $200 million has been dismissed by a New Jersey judge. Granting a summary judgment motion to dismiss the suit against author and New York Times…

Jul 15, 2009 11:26 PM CDT

Lawyer Vindicated After Long Fight for Wrongfully Convicted Brother

A Massachusetts lawyer portrayed by Hilary Swank in a recently completed movie says a $3.4 million settlement vindicates the years she spent fighting for the release of her wrongfully convicted brother. Betty Anne Waters worked her way through law school and became a lawyer at the age of 40 to…

Jul 15, 2009 4:27 PM CDT

$8.4M Sex, Lies & Texts Settlement Puts Detroit Lawyers on Hot Seat

The first of a series of legal ethics hearings has begun concerning five attorneys involved in a controversial $8.4 million settlement by the city of Detroit over police whistle-blower litigation and steamy text messages sent by the former mayor to his then-top aide. Because the text messages also showed that…

Jul 14, 2009 6:12 PM CDT

Wis. Supreme Court Rejects Lead Paint ‘Defective Design’ Suit

In a victory for lead paint manufacturers, the Wisconsin Supreme Court has ruled that the presence of lead in paint is not a design defect. The court affirmed dismissal of the defective design claim by Ruben Baez Godoy, a boy who contracted lead poisoning from the paint in his Milwaukee…

Jul 14, 2009 4:31 PM CDT

Story on Motion to Compel Appropriate Shoes Caused Mistrial

A newspaper column about a motion to compel defense counsel to wear appropriate shoes at trial resulted in a mistrial after one juror read the article to others. Judge Donald Hafele of Palm Beach County declared the mistrial in an auto negligence case, but allowed jurors to render an advisory…

Jul 14, 2009 2:13 PM CDT

Okla. High Court Holds Injured Casino Patrons Can Sue in State Courts

The Oklahoma Supreme Court has ruled that people injured in Chocktaw casinos can sue in state courts as well as tribal courts. The tribe’s gaming contract with the state had permitted tort suits in “courts of competent jurisdiction” on a limited basis, but did not define the term, lawyer Daniel…

Jul 13, 2009 5:47 PM CDT

Medicare Slow to Accept Lawyers’ Offers of Money

Some personal injury lawyers say their clients are willing and ready to reimburse Medicare for the costs of their care, but the agency is taking as long as a year to come up with a figure for the amount owed. Kansas City, Mo., lawyer John Kurtz told McClatchy Newspapers he…

Jul 13, 2009 4:08 PM CDT