News & Analysis as of

Personal Injury Constitutional Law

Read Personal Injury Law updates, news, and legal commentary from leading lawyers and law firms:

SCOTUS Overturns California's Extreme Expansion of Personal Jurisdiction for National Corporations

by Jones Day on

The United States Supreme Court has issued an important decision rejecting California's effort to assert personal jurisdiction over nonresident corporations and curtailing the plaintiff's bar's efforts at forum shopping....more

H.R. 1215: Lawmakers looking out for citizens will vote NO

When you read what I just read, you will have to ask yourself: why is my legislator in favor of House Resolution 1215 (HR 1215)?...more

Wisconsin Supreme Court Characterizes Release of Incorrect Criminal History by State Department of Justice as Defamatory, Despite...

by Akin Gump - Excubitor on

The Wisconsin Supreme Court recently ruled that the state Department of Justice (DOJ)’s release of misleading criminal history files violated an individual’s protected interest in their name and reputation, in a ruling that...more

Superior Court Grants Trade Association’s anti-SLAPP motion

by LeClairRyan on

Last October, I wrote about the Personal Care Products Council’s interesting anti-SLAPP motion, filed in a DC Superior Court case. There, the plaintiff (Simpson) alleged that she developed ovarian cancer by using talcum...more

Bob Latham Talks Twibel in Lawyer Monthly

by Jackson Walker on

Bob Latham recently penned a short commentary for U.K.-based Lawyer Monthly magazine on the topic of twibel, a newly-coined term that refers to defamatory statements made over Twitter. In the article, he discussed the idea of...more

Standing Up to Your Siblings: Who Can Bring a Financial Elder Abuse Claim?

by Downey Brand LLP on

While financial elder abuse is a serious problem in California, not just anyone can sue to protect an abused elder. This is especially true if the elder does not want to bring suit in the first place. On April 19, 2017, the...more

Negative Reviews: Franchises Pursuing Truth, Justice, & Defamation Claims

by Lewitt Hackman on

Franchised businesses, particularly restaurants, hotels, automotive servicers and others have been falling victim to the digital age. Many consumers now choose the places they do business based on what they read on Yelp,...more

Food Fight: Two Sides to Every Chicken Filler Story

by Lewitt Hackman on

The Canadian Broadcasting Corporation (CBC) recently aired a segment reporting that real chicken content in Subway sandwiches amounted to a lot less than what the average consumer would expect. The network commissioned DNA...more

Missouri Court of Appeals Holds Plaintiff Cannot Use Savings Statute to Revive Dismissed Lawsuit Brought by Improper Plaintiff

Love v. Piatchek, No. 103690 (November 8, 2016) The Missouri Court of Appeals, Eastern District, affirmed a trial court’s dismissal of a lawsuit as being time-barred. The court held that the plaintiff could not rely on...more

Texas Supreme Court Confirms Broad Scope of Anti-SLAPP Law

by Gray Reed & McGraw on

Back in late 2015, I wrote a five-part series on the Expanding Scope of the TCPA or Texas’ Anti-SLAPP law. The Supreme Court of Texas confirmed our analysis last week with its decision in the ExxonMobil v. Coleman confirming...more

Blogger-Journalist Protected From Defamation Suit By Anti-SLAPP Statute

Are journalists protected by anti-SLAPP statutes? Until last week, the likely answer would have been: “probably not,” at least in Massachusetts. But that was before Cardno Chemrisk, LLC v. Foytlin, a recent opinion by the...more

Texas Supreme Court Rules in Favor of Jackson Walker Media Clients in Important Free Speech Case

by Jackson Walker on

Houston partner John K. Edwards argued before the Texas Supreme Court in September 2016 on behalf of a newspaper and reporter in an important libel case that started in 2003 concerning an article published in a Fort Bend...more

Not All Faith-Based Communications Are Protected By The Clergy-Penitent Privilege

by Reminger Co., LPA on

The clergy-penitent privilege (also known as the clergy privilege, confessional privilege, priest–penitent privilege, clergyman–communicant privilege, and/or ecclesiastical privilege) is a recognized form of privileged...more

Intellectual Property Bulletin - Fall 2016

by Fenwick & West LLP on

Mean Girls v. The Right of Publicity: Lessons Learned From the Lohan and Gravano Lawsuits - On September 1, 2016, a New York appellate court ended two closely watched right of publicity lawsuits brought by Lindsay...more

John Edwards argues before the Texas Supreme Court on important libel case that started in 2003

by Jackson Walker on

Houston partner John K. Edwards recently argued before the Texas Supreme Court on behalf of a newspaper and reporter in an important libel case that started in 2003 concerning an article published in a Fort Bend County...more

The Backstory on the Second Circuit Dismissal of Sokolow v. The PLO for Lack of Personal Jurisdiction and the Plan to...

by Melito & Adolfsen on

On August 31, 2016, the United States Court of Appeals, ruling on an issue the PLO and PA had been making since Sokolow was commenced in 2004, dismissed the case for lack of personal jurisdiction. But there is more to the...more

Student Athletes Fight to Keep Fantasy Sports-Related Right of Publicity Claims Alive

by Klein Moynihan Turco LLP on

Last week, the plaintiff collegiate athletes in a putative class action lawsuit pending in the Southern District Court of Indiana filed their opposition to FanDuel and DraftKings’ respective motions to dismiss. The...more

Challenges to the Constitutionality of Indiana’s Med Mal Caps Continue Despite a Recent Legislative Compromise

by Reminger Co., LPA on

Indiana’s Medical Malpractice Act’s caps on damages have survived constitutional challenges since their inception in 1975. In 1980, the Indiana Supreme Court, in Johnson v. St. Vincent Hosp., Inc., 273 Ind. 374, 404 N.E.2d...more

Third Circuit Finds Photo Placement Sufficient to Permit Defamation, False Light Claims to Go Forward in Suit Alleging Harm from...

by Reed Smith on

In a case demonstrating the difficulties of applying long-established but arguably outdated legal principles to modern technology, the United States Court of Appeals for the Third Circuit last week reversed itself to permit a...more

Sex and the Stock Photo*

by Jackson Walker on

Despite the high heat of summer, two federal courts have blown a chill wind through the law of online defamation. The courts gave the green light to libel suits over alleged implications from stock or file photos illustrating...more

While your home is your castle where privacy is concerned, not so much for your car: Or what does automotive technology, privacy...

by Dickinson Wright on

For a number of years, auto manufacturers have been quietly installing something akin to black boxes in passenger cars. Originally, these devices were solely for airbag deployment, but today, these boxes or SDM’s (Sensing...more

Non-Party Yelp Ordered to Remove Defamatory Reviews

by Selman Breitman LLP on

In 2012, attorney Dawn Hassell represented Ava Bird for a period of 25 days related to a personal injury she suffered. Bird expressed dissatisfaction with the representation and Hassell withdrew from the representation....more

The Death Of Alexander Hamilton And The Birth Of The American Free Press

Alexander Hamilton has more to do with American independence than you might think. His efforts as a Founding Father (the hottest Founding Father on Broadway, it should be noted) helped the United States achieve political...more

Is the Jury Out on Whether the Jury can be Brought Back In?

The jury renders its verdict. No party objects. The judge thanks the jury for its service, discharges them, and tells them they are free to go. The jury exits, but there’s one problem: the jury’s verdict is internally...more

The Supreme Court - June 2016 #2

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in three cases on June 9, 2016: - Dietz v. Bouldin, No. 15-458: An automobile accident case went to a jury trial in federal district court. Respondent Hillary...more

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