Personal Injury Constitutional Law

Read Personal Injury Law updates, news, and legal commentary from leading lawyers and law firms:
News & Analysis as of

(US) Limiting the Sky: Is There Space for Drones in Real Estate Law?

Real property is generally conceived of as tangible and two dimensional. We acquire land described by courses and distances in a deed, depicted by lines on a survey. The laws respecting that land are well-formed; most in the...more

Supreme Court of Missouri Upholds 10-Year Statute of Repose for Foreign-Object Medical Malpractice Claims

Ambers-Phillips v. SSM DePaul Health Center, 2015 WL 1926012 (Mo.banc. April 28, 2015) - The Supreme Court of Missouri, en banc, affirmed a trial court’s decision to dismiss a plaintiff’s foreign-object medical...more

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 1

The Texas Anti-SLAPP law is known as the Texas Citizens Participation Act (the “TCPA” found at Tex. Civ. Prac. & Rem. Code at § 27.001, et seq.). “If a legal action is based on, relates to, or is in response to a party’s...more

Right of Publicity Claims by Athletes Nearly Shut Out in 2015

When we published our Sue-per Bowl post, 2015 looked like it would be a good year for right of publicity claims brought by athletes. On January 6, 2015, the Ninth Circuit in Davis v. Electronic Arts held that the First...more

US Supreme Court Ruling Impacts Jail Operations

On June 22, 2015, the United States Supreme Court issued an important decision for all North Carolina counties operating county jails in which individuals are held detainees awaiting trial. In Kingsley v. Hendrickson, No....more

When Bad Things Happen to Good People...On the Internet

The internet has generated countless new ways to communicate and share thinking. Some posted information is negative, which can still be useful when messages are truthful, in good taste, and constructive. But some negative...more

Gilead Sciences, Inc., et al. v. Abbott Laboratories, Inc., et al., C.A. No. 13-2034-GMS, March 13, 2015.

Sleet, J. Defendant’s motion to strike counts 9 and 10 under California’s Anti-SLAPP Stature is granted with prejudice. Defendant’s motion to dismiss counts 9-11 is denied in part and granted in part. Plaintiff’s motion to...more

Arizona Civil Verdicts 2014

Courage. Trial lawyers have lots of important traits and skills, and courage is at the top of the list. To be able to speak confidently to the jury who holds your client’s case in its hands, to tell that story in a way that...more

BB&K Police Bulletin: Arresting Armed, Mentally Ill Suspects

Officers May Have Immunity from Liability, Supreme Court Says - Overview: The United States Supreme Court found that two police officers were immune from liability under 42 U.S.C. section 1983 even if the officers failed...more

Federal Agents Lacked Authority to Search Airplane Passenger’s Laptop, Court Says

A federal court this month found that federal agents lacked authority to conduct a warrantless search of a defendant’s laptop seized at an airport, rejecting the government’s argument that it has unfettered authority to...more

Federal anti-SLAPP Statute Proposed in Congress

With the District of Columbia Circuit holding that the DC anti-SLAPP act does not apply in federal court, and at least four judges in the Ninth Circuit concluding that Circuit erred in applying state anti-SLAPP statutes in...more

Yelp Fights for the Right to Complain Anonymously

In e-commerce, user reviews can make or break a business. Review sites such as Yelp are a double edged sword for merchants and service providers: on one hand satisfied customers can generate buzz about the company and bring...more

Rights in Bob Marley's name and likeness trump free speech where defence not properly pleaded | World Trademark Review

Fifty-Six Hope Road is a company run by some of Bob Marley's children, and it owns the property rights to Bob Marley's name, voice and likeness. Hope Road licensed Zion Rootswear the exclusive right to use Marley's name and...more

Statements Made in HOA Recall Election Campaign are Subject to Anti-SLAPP Protection

A Strategic Lawsuit Against Public Participation or “SLAPP” is a civil lawsuit brought to either prevent or punish another person for exercising their First Amendment right to petition the government or to speak about public...more

"Defamation Claims Brought by Texas Health Care Providers Will Be Subject to Anti-SLAPP Act Requirements"

Health care providers should keep in mind that virtually any suit alleging defamation or other harm from a “communication” relating to the provision of services by a health care professional will be subject to the demanding...more

Court Protects Anonymity of Yelp Users

Virginia’s highest court recently held that Yelp could not be forced to turn over the identities of anonymous online reviewers that a Virginia carpet-cleaning owner claimed tarnished his business....more

Litigation Alert For Businesses With Tennessee Operations

On March 9, 2015, a Tennessee trial court struck down Tennessee's statutory limitation on the amount of non-economic damages recoverable in personal injury cases. The court held that the legislature's attempt to limit...more

Screenwriter SLAPPs Down Libel-in-Fiction Claim

In a victory for all authors of fiction, a screenwriter of the film “What Maisie Knew” has successfully defended a lawsuit that sought to hold him liable for defamation based on the portrayal of a character drawn from an 1897...more

Practical Guidance on Application of Caps on Non-Economic Damages and Punitive Damages

In 2011, Tennessee joined a growing number of states that passed tort reform. In Particular Tennessee Code Annotated § 29-39-102 provides for caps on non-economic damages and Tennessee Code Annotated § 29-39-104 provides for...more

Blogger Immune From Suit for Anonymous Comments

A Pennsylvania judge in the Northampton County Court of Common Pleas ruled that the defendant blogger was not liable for anonymous posts in the “comments” section of his website, despite his active moderation of these posts....more

Guns on Company Property: Think Twice Before Taking Action

In the latest round of gun law regulations, Governor Bill Haslam has signed an amendment to Tennessee's "Guns in Trunks" law. The amendment allows employees to sue their employers if they are disciplined or fired for storing...more

The Roof Is On Fire: Trial Court Finds Tennessee Non-Economic Damages Cap Unconstitutional

Just four years ago, the Tennessee legislature passed the Civil Justice Act of 2011, making it the latest in a growing number of states to statutorily cap the maximum amount of non-economic damages available to plaintiffs in...more

Stacy Allen Speaks: The Good, The Bad, And The Ugly: Unpopular Celebrities And The Right Of Publicity

In retrospect, the victories won by former college football stars in their right of publicity lawsuits against Electronic Arts and its hugely popular NCAA Football videogame franchise are hardly surprising. How could anyone...more

Two Rights of Publicity Decisions Explore the Boundaries of Commercial Speech in Commemorating Public Figures

Two recent rights of publicity cases illustrated the parameters of using a public figure’s name, likeness, identity or image for commercial purposes, without consent for commemorative purposes. But when does commemoration...more

Time for Your Close-up: The Right of Publicity in the Social Media Era

Michael Jordan is one of America’s most revered and iconic professional athletes. He spectacularly led the Chicago Bulls to six NBA championships, was named league MVP for five years and, off the court, reached a...more

412 Results
|
View per page
Page: of 17

Follow Personal Injury Updates on:

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×