Tort Law

Employee urine samples taken by ‘direct observation method’ don’t invade privacy, state supreme court rules

The Ohio Supreme Court ruled 4-3 on Wednesday that an employee can’t sue for invasion of privacy when an employer uses the “direct observation method” to collect a urine sample for drug testing.

Aug 27, 2020 10:02 AM CDT

Lawyer who represents whistleblowers loses malpractice insurance because of ‘high-profile’ work

The Hanover Insurance Group has refused to renew malpractice coverage for the lawyer representing the whistleblower whose complaint led to impeachment proceedings against President Donald Trump.

Aug 25, 2020 9:38 AM CDT

Michigan agrees to pay $600M to settle Flint water claims; most money allocated to minors

The state of Michigan has agreed to pay $600 million to settle claims by Flint, Michigan, residents and businesses that said they were harmed by lead that leached into the city’s water supply.

Aug 20, 2020 3:45 PM CDT

No takebacks? Settlement offer missing a zero can be withdrawn, appeals court says

A settlement offer for one-tenth of the intended amount can be rescinded after it was mistakenly sent to an insurer by a lawyer’s paralegal, a Florida appeals court has ruled.

Aug 20, 2020 11:26 AM CDT

Discussion on Zoom between plaintiff and jurors is not grounds for mistrial, judge says

A California judge has refused to grant a mistrial in an asbestos case in which the plaintiff chatted with jurors on Zoom during a break in the virtual trial.

Aug 20, 2020 10:11 AM CDT

‘Need to go back to law school’ comment isn’t defamatory, appeals court rules

A Minneapolis lawyer can’t sue for defamation over a negative online review that said, “Need to go back to law school,” the Minnesota Court of Appeals has ruled.

Aug 18, 2020 9:30 AM CDT

Afternoon Briefs: Actor Jussie Smollett’s prosecutors are reviewed; enhanced protection is recommended for judges

No crimes by prosecutors found in Jussie Smollett case Special prosecutor Dan Webb has found “substantial abuses of discretion” but no criminal wrongdoing by prosecutors who dropped charges against actor Jussie Smollett, who was on the TV show Empire. He was accused of orchestrating a hate crime attack on himself.…

Aug 17, 2020 4:51 PM CDT

Amazon may be liable for injuries caused by defective products sold by third-party vendors, court rules

A California appeals court ruled Thursday that Amazon can be held strictly liable for injuries caused by defective products sold by third-party vendors through its online marketplace.

Aug 14, 2020 9:46 AM CDT

Harvard law prof claims reporter sexually harassed him, twisted facts in ‘gullible man’ story

Bruce Hay, a professor at Harvard Law School, has filed a lawsuit alleging that he was sexually harassed by a New York Magazine reporter who gained his confidence, manipulated him and portrayed him as a gullible victim in the article that she wrote.

Aug 11, 2020 1:51 PM CDT

Law prof sues over N-word suspension and says being white led to different treatment

A professor at the Emory University School of Law in Atlanta, who was suspended over his use of the N-word, alleges in a lawsuit that he was treated differently because he was white.

Aug 10, 2020 2:14 PM CDT

Former Pierce Bainbridge paralegal sues firm and ex-partner over alleged sex assault

A paralegal who alleged that she was sexually assaulted by a former partner at Pierce Bainbridge Beck Price & Hecht has emerged from the shadows with a lawsuit that she filed Thursday.

Aug 6, 2020 1:52 PM CDT

Quinn Emanuel seeks fee amounting to $18,500 per hour; will judge approve it?

Quinn Emanuel Urquhart & Sullivan is asking to be paid $185 million for representing insurers suing the federal government for compensation under the Affordable Care Act.

Aug 5, 2020 10:28 AM CDT

Afternoon Briefs: Trump accused of violating disability law; CoreCivic settles suit over recorded attorney-client calls

Lawsuit seeks sign language interpreters at Trump’s COVID-19 briefings The National Association of the Deaf alleges in lawsuit that President Donald Trump is violating Section 504 of the Rehabilitation Act by refusing to provide American Sign Language interpreters at coronavirus briefings. Section 504 says individuals with disabilities may not be…

Aug 4, 2020 12:21 PM CDT

Afternoon Briefs: District attorney hints of broader Trump probe; ex-ABA president is new dean

DA may be investigating Trump for possible bank fraud A legal filing suggests that President Donald Trump and his company could be under investigation for possible bank and insurance fraud. Manhattan District Attorney Cyrus Vance filed the memorandum of law Monday in Trump’s fight against a subpoena for financial records…

Aug 3, 2020 3:49 PM CDT

Congress battles over liability shields for businesses during the COVID-19 pandemic

Just as the number of COVID-19-related deaths, job losses and small business closures has continued to climb in the United States, so has the number of coronavirus-related lawsuits. By early May, the ABA Journal reported that nearly 800 lawsuits had been filed related to COVID-19; by July 1, that number…

Aug 1, 2020 12:10 AM CDT