Tort Law

Disney Patron Sues for More Rides on Tower of Terror

An Orlando, Fla., woman who says riding the Tower of Terror relieves the excruciating pain of her abdominal lesions has sued after being barred from all Disney theme parks. Denise Mooty claims in her suit that the ride at Hollywood Studios helps break up scar tissue that is causing the…

Feb 11, 2009 4:27 PM CST

Irked Judge Asks 3 Lawyers to Explain Alleged Secret Fee-Sharing Agreement

By voluntarily withdrawing from 77 personal injury cases against a Florida-based cruise line after his law firm was accused of bribing an employee for inside information, attorney Jay Wingate was essentially forfeiting his legal fees in the cases, too. But now, according to an irate Miami-Dade Circuit Court judge, it…

Feb 10, 2009 11:47 PM CST

Case Dropped Against Texas Girl, 12, Accused of Police Assault

A Texas girl, then 12, who was allegedly accused by Galveston police of being a prostitute and assaulted when she stepped outside her family home has herself escaped conviction on a criminal charge in the 2006 incident. A jury split 5-1, with all but one refusing to convict Dymond Larae…

Feb 10, 2009 11:15 PM CST

Wyeth Buyout Could Spur Justice’s Recusal in Pre-emption Case

Will Pfizer Inc.’s acquisition of Wyeth affect a pending pre-emption case before the U.S. Supreme Court? Legal Times asks the question. At issue in the case, Wyeth v. Levine, is whether pharmaceutical companies are protected from suits alleging failure to give adequate warnings because their drug labels receive federal approval.…

Feb 10, 2009 7:18 PM CST

Once-Renowned Ohio Lawyer Became Client Disaster, Due to Drug Habit

When Ken Lawson’s professional life first began to spiral out of control, his sterling reputation helped save him from any significant repercussions. “Clients, colleagues and judges say they cut the Ohio trial lawyer slack when he began missing appointments or deadlines because they knew he was busy and had done…

Feb 9, 2009 11:48 PM CST

Madoff Reaches Partial Settlement with SEC in Civil Case

Accused hedge fund manager Bernard Madoff has agreed that he won’t contest civil claims by the Securities and Exchange Commission that his investment advisory fund was a fraud. Madoff doesn’t admit or deny wrongdoing in the deal, which still must receive a judge’s approval, Bloomberg reports. The agreement says possible…

Feb 9, 2009 7:31 PM CST

Obama Secrecy Policies Tested in Extraordinary Rendition Case

Lawyers representing the Obama administration will be asked today about their position on the state secrets privilege and extraordinary rendition. The issues are before the 9th U.S. Circuit Court of Appeals based in San Francisco in a case that was dismissed a year ago at the urging of lawyers in…

Feb 9, 2009 5:19 PM CST

Illinois Bishop Writes of Fears of Unfair Treatment in the Courts

A Catholic bishop has written a letter to Central Illinois parishes that questions the motives of lawyers representing priest abuse victims and expresses fear that the church is being treated unfairly in the courts. The letter by Bishop Daniel Jenky of Peoria also takes aim at the news media, the…

Feb 9, 2009 4:09 PM CST

Are Banks Liable for Madoff Losses? Plaintiffs Say Yes, Argue Multiple Theories

It’s a bad time to be a bank with any connection to the alleged $50 billion Ponzi scheme that Bernard Madoff is accused of running, or any other such claimed investment swindle. Seeking to recover from banks assets that may not be recoverable from those alleged to be directly responsible…

Feb 7, 2009 1:50 AM CST

Grad Student Threatens to Sue Over Destruction of Rare Lizard Dung

Offered $750 in compensation and an apology after Leeds University mistakenly discarded an unmarked bag full of 75 pounds or so of rare lizard dung during an office cleanout, a graduate student isn’t buying. Daniel Bennett plans to sue over the loss of the collection, which he had put together…

Feb 6, 2009 6:41 PM CST

Calif. State Bar Poses as Client, Never Sees Lawyer in PI Case

In the course of another investigation, the Orange County, Calif., district attorney’s office focused on a different issue at an Upland lawyer’s satellite office in Westminster. Nonattorneys were apparently running the personal injury law practice, from intake to settlement, the Metropolitan News-Enterprise reports. After the district attorney’s office complained to…

Feb 6, 2009 5:52 PM CST

Chevron Win Named Top Calif. Defense Verdict of 2008

A verdict for Chevron in a suit brought on behalf of Nigerian protest victims has been named the top California defense verdict of 2008 by a West Coast legal publication. Jones Day defended the company in a case “with large amounts of money at stake and the company’s prestige on…

Feb 4, 2009 1:14 PM CST

Tech Clients Claim Foley & Lardner Overbilled, Underrepresented

Three tech company clients have sued Foley & Lardner, contending that the law firm overbilled them for unnecessary work and didn’t effectively pursue their case as plaintiffs in federal patent infringement case in the Eastern District of Texas. The suit seeks $1 million in damages, claiming that Foley breached a…

Feb 3, 2009 10:58 PM CST

Did Lowenstein Role in 14-Lawyer Leap Unfairly Ruin Former Firm? Trial Nears

More than nine years after 14 lawyers leaped from a well-known New Jersey partnership to Lowenstein Sandler, a trial is nearing over claims that the 260-attorney firm went too far in soliciting the swift departure that soon destroyed the defectors’ former firm Although Lowenstein denies that it did anything wrong,…

Feb 3, 2009 9:59 PM CST

FDA Opens Criminal Probe of Peanut Co.; Obama Calls for Agency Overhaul

The federal Food and Drug Administration has opened a criminal investigation into a closely held Virginia-based company that has been blamed for a salmonella outbreak that allegedly sickened more than 500 people and killed eight. Although Peanut Corp. of America’s own tests in 2007 and 2008 showed that salmonella was…

Feb 2, 2009 5:55 PM CST