Tort Law

Heller Staff Members Sue Partners, Seek $32M for Alleged Labor Law Violations

Contending that they didn’t receive mandated severance and vacation pay, some 800 former Heller Ehrman staff have sued at least 179 partners of the firm for alleged WARN Act violations under federal and California state law. Filed in U.S. Bankruptcy Court for the Northern District of California, their $32 million…

Apr 27, 2009 9:28 PM CDT

Forbes Editor Champions Tort Plaintiffs Lawyers

Editor William Baldwin calls attention to an epidemic in a commentary piece in the May issue of Forbes: foodborne illness. It “sickens 76 million Americans a year, kills 5,000 and runs up $3 billion in hospital costs,” he writes. But his rallying cry isn’t for more federal regulation—it’s for more…

Apr 24, 2009 8:57 PM CDT

Editorial Questions Judicial Nomination of Motley Rice Lawyer

A Rhode Island trial lawyer nominated for a federal judgeship merits more scrutiny, an editorial asserts. Jack McConnell of Motley Rice was recommended by Senators Jack Reed and Sheldon Whitehouse, the Wall Street Journal says in the editorial. Whitehouse is a former Rhode Island attorney general who hired McConnell on…

Apr 24, 2009 6:09 PM CDT

Judge Tosses Dole Pesticide Suits Due to Fraud and Lawyer Misconduct

Citing fraud and lawyer misconduct, a Los Angeles judge has tossed two consolidated lawsuits contending Dole pesticides caused sterility in Nicaraguan banana workers. Judge Victoria Chaney said the fraud was so pervasive that the truth about the sterility claims may never be known, the Associated Press reports. She ruled after…

Apr 24, 2009 11:27 AM CDT

Fla. Firm Fielding Drywall Complaints Finds Problem Material in Office

A South Florida law firm that’s been handling complaints from homeowners about Chinese-made drywall has reportedly found that its own office walls are covered in the stinky materials. The Palm Beach Post reports that the firm, Toral Garcia & Franz, is the first office building in the area to complain…

Apr 23, 2009 8:51 PM CDT

What Susan Boyle Can Teach Trial Lawyers

Trial lawyers can learn a few things from Susan Boyle, the dowdy-looking, unemployed woman who surprised judges on Britain’s Got Talent with her angelic singing voice. The lesson is about expectations, blogger Eric Turkewitz writes at his New York Personal Injury Lawyer Blog. Boyle’s success story can be attributed to…

Apr 23, 2009 1:53 PM CDT

Rogue Juror’s Note Nixes $3M Pact, Ford Claims; Top Texas Court OKs Discovery

After a six-week trial in a products liability case over a Ford Explorer rollover accident, the forewoman of a jury in Brownsville, Texas, sent a note to the judge on the second day of deliberations. It read: “What is the maximum amount that can be awarded?” At that point, lawyers…

Apr 22, 2009 5:22 PM CDT

Law Firms Seen as Potential Cash Cows in Bankruptcy Cases

Updated: The worsening economy may bring more malpractice lawsuits against law firms by bankruptcy trustees who consider them potential cash cows. David Parker of Parker Mills in Los Angeles told the Daily Journal (sub. req.) that the burgeoning area of litigation is attracting some plaintiffs lawyers who are actively searching…

Apr 22, 2009 2:26 PM CDT

Is Associate Worth $450 Hourly? Fee Cited in Latham Dispute

Updated: Century Indemnity Co. says a charge of $450 an hour for an “unlicensed” associate at Latham & Watkins is excessive, as were other legal fees charged by the law firm in a toxic tort case. The insurer is asking a Los Angeles court to compel arbitration in the fee…

Apr 22, 2009 1:18 PM CDT

New Twist in Banana Workers Case, as Dole Lawyer Claims 10-Year Fraud

In startling courtroom contentions today that reportedly received support from one opposing lawyer and the trial judge, an attorney for Dole Fresh Fruit Co. claimed a 10-year fraud underlies at least some allegations that workers on Nicaraguan banana plantations were rendered sterile by exposure to a pesticide there. Lawyers in…

Apr 21, 2009 11:23 PM CDT

Major Law Firm Erred, Judge Finds, But Awards Only $7, Not $55M Sought

Linklaters, a major London-based international law firm, was somewhat negligent in advising a telecom client of its chances of collecting substantial damages in a dispute with a competitor, a British court has found. But, finding that Levicom wasn’t damaged by the erroneous assessment, Justice Andrew Smith of the Royal Courts…

Apr 21, 2009 8:06 PM CDT

Lawyer Offers to Give $25K to Charity if He Gets 25K Twitter Followers

A blogging lawyer doesn’t think he can top Ashton Kutcher, but he has been inspired by the actor’s agreement to donate 10,000 malaria nets to charity as a result of winning a race with CNN to sign up 1 million Twitter followers. Seattle personal injury lawyer Bill Marler has a…

Apr 21, 2009 1:22 PM CDT

All Eagles Star Wants to Do Is Sue Over Senate Candidate’s Alleged Song Misuse

A California lawmaker is now facing battles on two fronts, as he seeks the Republican nomination in an effort to unseat Sen. Barbara Boxer (D-Calif.) in 2010. Eagles founder Don Henley is suing Calif. Assemblyman Charles DeVore (R-Irvine) over his claimed infringement of “All She Wants to Do is Dance,”…

Apr 20, 2009 7:27 PM CDT

Longtime Friend of Slain Pa. Lawyer Mourns—and Seeks Justice

Eric Birnbaum and Terry Goldberg had been pals since the two were about 14 years old, attending both college and law school together. So the still-unsolved slaying of Birnbaum outside the Bucks County, Pa., law office in which both worked as attorneys has hit Goldberg hard. Goldberg has lost weight…

Apr 20, 2009 5:57 PM CDT

High Court to Consider Prosecutor Immunity for Using False Testimony

The U.S. Supreme Court has decided to hear a case involving prosecutor immunity from lawsuits for procuring false evidence in a criminal investigation and then using it at trial. The case, Pottawattamie County v. Harrington, represents “a significant new test case on prosecutors’ immunity,” SCOTUSblog reports. The case was brought…

Apr 20, 2009 3:17 PM CDT