Personal Injury, Constitutional Law, Civil Remedies

Inmates Claim County is Depriving Them of Basic Medical and Mental Health Care - Similar Lawsuits Expected to be Filed as Counties...

by Jared A. Goldman | Best Best & Krieger LLP on 3/26/2013

Inmates in the Riverside County jails served a federal class-action lawsuit last week, claiming the county is subjecting them to cruel and unusual punishment by depriving them of basic medical and mental health care. Among...more

7th Circuit Extends Bivens Civil Rights Actions to Brady Violations

by Pavlack Law, LLC on 3/8/2013

This week we examine the hugely important 7th Circuit case Engel v. Buchan that found that the violations of the Brady v. Maryland right requiring a prosecutor to disclose potentially exculpatory evidence to a criminal...more

Wrongful Death Act and Fraudulent Concealment

by Pavlack Law, LLC on 2/1/2013

This week we examine the landmark Indiana Court of Appeals decision in Alldredge v. The Good Samaritan Home, Inc. which applied the fraudulent concealment doctrine from medical malpractice cases to the Indiana Wrongful Death...more

Jury Finds Milwaukee County Not Liable For Sexual Assault Committed By Jail Guard

by Samster, Konkel & Safran, S.C. on 12/11/2012

Back in 2009, Milwaukee County jail guard James Howard sexually assaulted an inmate. A state court convicted Mr. Howard of two counts of sexually assaulting an inmate. The inmate then sued Mr. Howard in federal court,...more

Audio Recording of Police in Action Found to Be Protected Right under 1st Ammendment

by Law Offices Of Michelle M. Funkenbusch on 11/27/2012

Audio Recordings of Police Are Protected By First Amendment According to Two Different Courts Of Appeal. The U.S. Supreme Court on Monday delivered a blow to Illinois’ 50-year-old anti-eavesdropping law according to trial...more

Florida Supreme Court Rules on Conflict Between Hospital Liens and Insurance Coverage in a Car Accident Case: Shands Teaching...

by Law Offices of Cohn & Smith, P.A. on 10/25/2012

After a woman received an insurance settlement for injuries she sustained in a car accident, a dispute arose between the insurance company and the hospital that treated her over payment of the hospital’s lien. In many...more

Stopping Competitors From Denigrating Your Product

by Greenberg Glusker Fields Claman & Machtinger... on 10/8/2012

"Cats prefer Whisker Nibblets to Gato Gourmet 4:1." "Only Marie’s sandwich cookies are made with real chocolate and cream." "Seatur’s Slick works 40 percent faster than other leading motor oils." "Shampoo with Lixertonic and...more

You Should Know - October 2012

by Patrick Malone & Associates P.C. | DC Injury... on 10/5/2012

2012 Voter’ s Guide to State Judicial Elections - Flood of Money, Negative Ads Threaten Right to Fair Trial Three darkly silhouetted “murderers” describe their gruesome crimes, and then tell viewers that “Judge Thomas...more

Supreme Court Grants Enhanced Access to Justice for Victims of Cyberbullies

by Bennett Jones LLP on 10/3/2012

On September 27, 2012, the Supreme Court of Canada released its decision in AB v Bragg Communications Inc., an important constitutional case at the intersection of defamation law and children’s rights. A.B., the...more

Missouri Tort Reform Law Struck Down

by Lawyers.com on 8/2/2012

In a victory for consumers, the Missouri Supreme Court this week threw out a state law capping non-economic losses for victims of medical malpractice. The 2005 tort reform law that limited jury awards for pain and suffering...more

Conclusion of Online Defamation Series – Anti-SLAPP

by Looper Reed & McGraw, P.C. on 7/26/2012

Other than drawing more attention to the damaging online material, paying for a lawyer and having to answer uncomfortable questions under oath, what are the other risks about bringing a defamation claim? If you are not...more

You Should Know - July 2012

by Patrick Malone & Associates P.C. | DC Injury... on 7/13/2012

In This Issue: - Power Kept in Check - 5 Myths that Trick Americans - Conservative Opposes Tort Reform Excerpt from: Protect Your Seventh Amendment Rights - Our Constitutional Liberties Are Threatened by...more

Using Promised Out-of-Court Relief To Defeat Class Actions: The 10th Circuit Reinforces Courts’ Discretion To Dismiss, on...

by Reed Smith on 7/12/2012

Previously, we advised of the U.S. Court of Appeals for the 7th Circuit’s decision in In re Aqua Dots Products Liability Litigation, 654 F.3d 748 (7th Cir. 2011). (Jim Martin & Colin Wrabley, Reed Smith Class Action Alert...more

Legal Byte: Inconsistent & Alternative Pleading to Trigger Insurance Coverage

by Alan Goldberg on 6/21/2012

Can a plaintiff plead inconsistent theories of relief/liability, such as negligence (which is unintentional) and fraud (which is intentional), for any reason, including for the purpose of triggering insurance coverage?...more

LEGAL BYTE: Are boys and girls different?

by Alan Goldberg on 6/13/2012

This LEGAL BYTE asks and answers the question: What if an apartment owner restricts his tenancies and refuses to rent to families with the “wrong kind” of children? Will such discrimination be tolerated in California? ...more

Rogers Towers: Florida’s Statute of Repose – Safely Afloat In Troubled Waters - U.S. Supreme Court Declines Review of Minnesota...

by Rogers Towers on 6/1/2012

On May 29, 2012, the Supreme Court of the United States denied certiorari in one of the most interesting, albeit troubling, construction-related cases to make national headlines since United States v. Spearin, 248 U.S. 132...more