Tort Law

Alienation of affection tort doesn’t violate lover’s right to free expression, appeals court rules

A North Carolina appeals court has rejected a constitutional challenge to two torts that allow husbands or wives to sue the lovers of their unfaithful spouses. The decision allows Marc Malecek to sue a medical doctor, Derek Williams, accused of having an affair with Malecek’s then-wife, a nurse at the…

Sep 7, 2017 7:23 AM CDT

How the author of ‘The Forgotten Flight’ fought for justice for terror victims’ families (podcast)

If you mention a terrorist attack in which a Libyan suitcase bomb brought down an airliner, most people will be quick to remember Pan Am Flight 103, which crashed on Dec. 21, 1988 in Lockerbie, Scotland, killing 270 people. But there is another, similar attack that happened nine months later, on Sept. 19, 1989.

Sep 6, 2017 8:43 AM CDT

Order for debarking surgery in dog nuisance suit is upheld on appeal

An Oregon appeals court has upheld a trial judge’s order that a couple’s dogs must get debarking surgery to prevent them from disturbing their neighbors. The appeals court ruled on Wednesday in a case involving Tibetan Mastiff dogs that were being bred at a Rouge River home, report the Oregonian…

Aug 31, 2017 10:37 AM CDT

Federal judge dismisses Sarah Palin’s defamation suit against the New York Times

A federal judge in Manhattan has rejected a defamation suit filed against the New York Times by former vice-presidential candidate and Alaska governor Sarah Palin. U.S. District Judge Jed Rakoff ruled (PDF) on Tuesday that Palin had failed to show that mistakes in the article were made with knowledge of…

Aug 29, 2017 4:25 PM CDT

Christian group sues Southern Poverty Law Center over hate-group designation

Updated: A conservative Christian group claims it was defamed by the Southern Poverty Law Center’s placement of the ministry on its “hate map” for “anti-LGBT” views. The federal suit by Fort Lauderdale, Florida-based Coral Ridge Ministries Media, also known as D. James Kennedy Ministries, also targets Amazon for its exclusion…

Aug 24, 2017 1:25 PM CDT

Poland Spring bottled water isn’t from a spring, lawsuit alleges

Nestle’s Poland Spring bottled water is misleading consumers with claims that its product is “100 percent natural spring water,” according to allegations in a would-be class action lawsuit. The suit (PDF), filed earlier this month in Connecticut federal court, says Poland Spring comes from “common groundwater” and does not comply…

Aug 23, 2017 9:44 AM CDT

Emailed photo that arrived as talc trial began among new evidence credited in $417M cancer verdict

An emailed photo and negative evidence about witnesses supporting Johnson & Johnson’s safety claims may have influenced jurors who awarded $417 million to a woman diagnosed with ovarian cancer after using the company’s talcum powder for decades, according to one of her lawyers. Eva Echeverria, 63, said she began using…

Aug 22, 2017 1:08 PM CDT

Process servers for Southern Poverty Law Center can’t find founder of neo-Nazi website

Updated: Process servers hired by the Southern Poverty Law Center are looking for Andrew Anglin, the founder of the neo-Nazi website the Daily Stormer. They have so far been unsuccessful, but it wasn’t for lack of trying, the New York Times reports. Process servers have spoken with his brother, visited…

Aug 21, 2017 12:35 PM CDT

Trap-neuter-vaccinate-return programs for community cats backed by ABA delegates

The ABA House of Delegates on Monday backed trap-neuter-vaccinate-return (TNVR) programs for free-roaming cats. The House approved Resolution 102B, which calls for legislation and policies at state and local levels to implement the programs. The resolution also says existing laws and policies should be interpreted to allow the programs. The…

Aug 14, 2017 9:58 AM CDT

Snarky, profane ACLU brief supports John Oliver against coal company CEO

The American Civil Liberties Union has a message for Murray Energy CEO Bob Murray: “You can’t sue people for being mean to you, Bob.”

Aug 3, 2017 7:00 AM CDT

The rise of Uber and Lyft inspires a liability practice

“I saw a lot of people on Twitter and on various blogs that were uncertain of what the rules, regulations and legalities were and are for ride-shares,” says Bryant Greening, an associate at Aleksy Belcher in Chicago. “I realized that there was a niche area that was not represented and wanted to fill that void.”

Aug 1, 2017 12:50 AM CDT

Tort suits in state courts are ‘down sharply’ as contract claims grow

The conventional wisdom that state courts are awash in tort lawsuits is wrong.

Tort lawsuits are “down sharply,” raising concerns among some judges that Americans no longer see the courts as a way to achieve justice in garden-variety civil cases, the Wall Street Journal (sub. req.) reports.

Jul 26, 2017 7:00 AM CDT

Lawyer who targeted tobacco companies encourages state suits against drug makers for opioid crisis

Four states and more than a dozen cities and counties have filed lawsuits contending drug makers misrepresented the risks and benefits of opioid use, spurring an addiction crisis.

Some of the lawyers working on the suits were previously involved in lawsuits claiming tobacco companies misrepresented the health risks of smoking, the Wall Street Journal reports.

Jul 25, 2017 7:00 AM CDT

Judge allows Pete Rose’s suit against lawyer now on Trump’s legal team, but tosses some claims

A federal judge in Pennsylvania has refused to dismiss Pete Rose’s lawsuit claiming former BigLaw lawyer John Dowd defamed him on a radio show by suggesting the baseball great was sexually involved with underage girls. U.S. District Judge Petrese Tucker of Philadelphia ruled (PDF) on Friday, ESPN.com reports. Though Tucker…

Jul 18, 2017 7:00 AM CDT

Malpractice suit alleges overbilling and ‘egregious misconduct’ by Trump’s law firm Kasowitz

A former client has filed a malpractice suit against Kasowitz Benson Torres that claims the law firm overbilled for its services, even recording 24 hours of service by one biller in a single day. Patriot National Inc., which offers back-office services for insurance companies, filed the June 30 suit (PDF)…

Jul 12, 2017 9:38 AM CDT