Personal Injury Updates

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ATVs on the Road - Insurance is a Must

The Court of Appeal, in Matheson v. Lewis, [2014 ONCA 542] recently held that an All Terrain Vehicle ("ATV") is an off-road vehicle that must be insured while on a roadway. The Plaintiff was injured in an accident as...more

Deepwater Horizon ruling puts focus on prevention

Last week’s decision by District Judge Carl Barbier exposes the UK-headquartered energy giant to up to $18bn in fines for the 2010 drillship incident because, under the same US laws that cover tanker spills, civil penalties...more

Game On! Recent Legal Developments and Tax Issues for Collegiate Athletics

This is a period of unprecedented change for collegiate athletics, with potentially surprising tax consequences to the parties involved. Within the past six months, a federal district court held that the antitrust laws...more

Kentucky Court of Appeals Holds Statute of Limitations on Underinsured Motorist Claims Begins to Run Upon Denial of Claim

In a case of first impression, a divided panel of the Kentucky Court of Appeals recently held in Hensley v. State Farm Mut. Auto. Ins. Co., 2013-CA-000006-MR (Ky. App. Aug. 15, 2014), that the statute of limitations on...more

Firm Helps Defeat Effort to Delay Trial Due to Insurer’s Insolvency

A Texas court has declined to stay a jury trial in a personal-injury case based on a Delaware court’s liquidation and injunction order concerning the defendants’ insurer....more

A New Remedy for Online Defamation

In the United States it is enormously difficult to remove allegedly defamatory information from the internet. A victim can take the expensive and time-consuming step of suing the author for defamation in court. However,...more

Company Officer Liable in Buckyball Recall

Buckyballs are high-powered spherical magnets that can be stacked to form interesting designs. The manufacturer Maxfield & Oberton began selling the product in the United States in 2009. Originally marketed as a toy, the...more

You Should Know - September 2014

In this issue: - Defend Your Rights - 10 Key Conversations - Conservative Opposes Tort Reform - Excerpt from “Tort Reform” Threatens Our Constitutional Liberties: Wednesday, Sept. 17...more

Unmasking the anonymous online critic – first, there is the matter of jurisdiction

On Friday, the Supreme Court of Texas issued a 5-4 decision holding a plaintiff needs to establish jurisdiction over an anonymous blogger before a court will allow pre-suit discovery that would likely unmask the blogger’s...more

Imagination-in-Pleading Award

When Oklahoma Blue Cross-Blue Shield terminated Dr. Gude’s provider agreement, he decided to fight back. He sued the Blues in federal court, alleging they had violated—and this is the imaginative part—Oklahoma’s Consumer...more

Boston Scientific Transvaginal Mesh Case Time Barred

On July 11, 2014, Judge Joseph R. Goodwin of the United States District Court for the Southern District of West Virginia, ruled that a lawsuit filed against Boston Scientific in connection with its Obtryx transvaginal mesh...more

Seeking compensation for catastrophic injuries

If you are an Alabama resident who has suffered a catastrophic injury, you may want to know more about the process for seeking compensation. Catastrophic injuries include such things as traumatic brain injuries and disabling...more

Most-Invasive-Procedure-of-the-Month Award

Back in 2010 the police asked Dr. LaPaglia to conduct a body cavity search of Felix Booker. They were looking for illegal drugs. Dr. LaPaglia said yes and proceeded. First, he paralyzed Felix with drugs (legal ones). Then...more

Does my lawyer really get to “select” my jury before a trial?

I often have clients ask me before trial whether I will be able to “select” their jury. This question usually stems from the phrase we hear often on television and elsewhere pertaining to “jury selection.”...more

Plaintiff Who Pursued Frivolous Suit Against a City Ordered to Pay Attorneys' Fees and Costs

A published appellate opinion last week followed successful arguments by Best Best & Krieger attorneys that an approximate $105,000 award of attorneys’ fees and costs under Code of Civil Procedure section 1038 applies to a...more

Status Updates - September 2014

..We can work it out. Actress Katherine Heigl and the Duane Reade chain of drugstores have settled a $6 million federal suit filed by Heigl this past April in the U.S. District Court for the Southern District of New York. ...more

Incurred Treatment

A recent Appeal decision by Director’s Delegate Evans provides some guidance on the requirement that treatment be “incurred” before it is payable under the Statutory Accident Benefits Schedule, Accidents on or after November...more

Domino’s Pizza is Not Vicariously Liable for Acts of a Franchise Employee Where Domino’s Lacks Control Over Employee, Says...

Domino’s Pizza This week, the California Supreme Court held that Domino’s Pizza was not liable for the torts of an employee of a franchise because Domino’s had no contractual or operational control over the employee. The...more

No damages awarded for unforeseeable workplace assault, but employer ordered to rewrite harassment policy

The fact that an employee had engaged in harassment did not make it foreseeable that he would assault a coworker, a labour arbitrator has held. However, the company’s harassment policy was deficient and needed to be...more

Court Nixes Litigation Standards Set by Pathologists

What if a truck drivers' union tried to set standards for when juries could conclude that a driver was negligent in causing a motor vehicle wreck? Or what if a trucking company could defend its driver falling asleep at the...more

Part 4 - Specific Preparation in Cross-Examining the Expert Witness

In the three earlier articles of this series, I discussed the reasons why you need to cross-examine an expert witness, the four main advantages a trial lawyer has over an expert witness, and the four stages of general...more

Sixth Circuit says ERISA does not preempt state law claim for fraudulent inducement.

The Sixth Circuit recently held that ERISA did not preempt a plan participant’s claim for state law fraudulent inducement. McCarthy v. Ameritech Pub., Inc., No. 12-4510, 2014 WL 3930572 (6th Cir. 2014). Defendant-API’s...more

Illinois Employer May Be Liable for Failing to Investigate Employee's Murderous Email Threats

Can an employer be liable for wrongful death by failing to investigate an employee's email threats to murder his family? The Illinois Appellate Court recently ruled that the answer may be "yes" based on the employer's...more

What is More Defamatory? A False Accusation of Homophobia or of Homosexuality?

In July 2014, Judge Barbara Jaffe of the New York Supreme Court dismissed the defamation claims in Kramer v. Skyhorse Publications. Kenny Kramer, the real life inspiration for the beloved eponymous Seinfeld character, had...more

Stacy Allen Speaks: Video Game Makers Strike Out In College Athlete Cases – Coaching Tips For The Virtual World

Over the past several years, I have written about a series of decisions in suits brought by former collegiate athletes against EA Sports and the NCAA, seeking compensation for the use of their likenesses and those of...more

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