Tort Law

Injured Utah Skiers Can Sue, Despite Waivers

Skiers who hurt themselves as the result of negligence by Utah ski resorts can sue for damages, even if they sign agreements waiving any right to damages. That’s the ruling of the Utah Supreme Court, which ruled yesterday that ski resorts cannot shield themselves from negligence lawsuits through liability waivers.…

Dec 19, 2007 12:58 PM CST

$1.2M Paid in R.I. Lead Paint Suit

More than two years after DuPont agreed to pay $12 million and clean up 600 homes in order to settle a lead paint lawsuit brought by the state of Rhode Island, the first of the money is being distributed. Several children’s health and educational projects will split $1.2 million of…

Dec 18, 2007 11:26 PM CST

Sexual Harassment of ... Santa?!?

The next time Santa’s making a list and checking it twice, he might want to focus on an elite group. That is the very small number of adults who show up at a shopping mall for a visit with St. Nick with more than Christmas on their minds, an employment…

Dec 18, 2007 7:37 PM CST

Mayer Brown Partner Sued—and Charged—by SEC in Refco Case

Updated:: The SEC filed civil and criminal cases today against a partner at Mayer Brown, accusing him of helping one of the world’s biggest commodities brokerages hide from investors information about debt that it was owed and related transactions. Joseph P. Collins, 57, allegedly helped Refco Group Ltd. and its…

Dec 18, 2007 6:36 PM CST

New ‘Judicial Hellholes’ Named

Courts in New Jersey and Nevada are the latest jurisdictions to descend into “judicial hellholes,” according to the American Tort Reform Foundation. The newcomers are courts in Clark County, Nev., and Atlantic County, N.J., the National Law Journal reports. The controversial list of judicial hellholes, compiled partly based on anecdotal…

Dec 18, 2007 11:46 AM CST

Supreme Court Asked to Decide Whether Emotional-Distress Damages Are Taxable

The U.S. Supreme Court is being urged to accept a case that asks whether the federal government has the power to tax an award for emotional distress. Lawyers for Marrita Murphy, an environmental whistle-blower who was awarded $70,000 for emotional distress, claim the government may not tax awards that are…

Dec 17, 2007 3:30 PM CST

10-Partner Firm Fights Tort Reform Laws

The law firm fighting tort reform laws doesn’t mention the word “tort” or “trial lawyers” in its name. The Center for Constitutional Litigation has 10 partners who seek to overturn state and federal laws that cap damages or otherwise limit recovery for injured plaintiffs. The center currently has about 40…

Dec 17, 2007 2:42 PM CST

Kansas AG in Sex Scandal Resigns

The attorney general of Kansas, who has been embroiled in a sex scandal that also raises significant legal ethics issues, announced today that he will resign from office effective at the end of January. At that point, he will have been in office barely one year. “Many people feel betrayed…

Dec 14, 2007 10:59 PM CST

Secretary to Axed Partner Plans Whistle-Blower Suit

A legal secretary who warned a major Maine law firm that the senior partner for whom she worked was apparently mishandling funds now plans to file a whistle-blower suit, contending that she was wrongfully fired as a result. Ellie Rommel’s attorney also expects to file a claim with the Maine…

Dec 14, 2007 9:32 PM CST

Wacky Warning Label Contest Winners

An annual contest to identify the wackiest warning labels has come up with some doozies. The winner was a “Danger: Avoid Death” label on a small tractor. However, other strong contenders included a label for an iron-on T-shirt transfer, “Do not iron while wearing shirt,” and a warning that a…

Dec 14, 2007 6:42 PM CST

$2.5M Settlement in Rare Clery Act Case re Murdered Student

Eastern Michigan University has agreed to pay a $2.5 million settlement to the family of a murdered student apparently slain in her dorm room, in an unusual case related to violations of the federal Clery Act due to non-disclosure of campus safety information. EMU and the family of Laura Dickinson…

Dec 14, 2007 12:56 AM CST

Bianca Jagger Evicted in NYC

Rock legend Mick Jagger’s ex-wife has been evicted from the rent-stabilized New York City apartment she has called home for 20 years, potentially allowing the landlord to up the ante from the mere $4,600-per-month regulated rent that Bianca Jagger was paying to a fair-market rate. The 62-year-old model-turned-activist had been…

Dec 13, 2007 10:10 PM CST

eBay Owes $30M for ‘Buy It Now’ Patent Infringement

A $30 million payday is pending for a Virginia company that owns a patent on the “Buy It Now” mechanism that allows online eBay auction bidders the alternative of purchasing an item immediately at a preset price. A federal judge in Norfolk, Va., declined yesterday to overturn a previous jury…

Dec 12, 2007 10:43 PM CST

Former Judge v. ‘Sopranos’ Creator

A former prosecutor and judge is squaring off in federal court with the creator of the Sopranos television series, contending that he is entitled to compensation for coming up with the idea of the show. Jury selection was to begin today in Trenton, N.J., in the culmination of a five-year…

Dec 12, 2007 9:08 PM CST

Pregnant Lawyer Wasn’t Kidnapped

A pregnant lawyer who claimed she had been kidnapped has recanted her story. It isn’t clear exactly what Karyn McConnell Hancock, 35, is now saying happened during the several days she was missing from Toledo, Ohio, last week. But she has recanted her original story that two men and a…

Dec 11, 2007 4:24 PM CST