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Defence & Indemnity - October 2017: II. LIABILITY ISSUES A.

by Field Law on

II. LIABILITY ISSUES - A. The Master allowed a claim for a sports injury to be amended to add breach of fiduciary duty as a cause of action in the teacher-student situation, and held that while sports participants are...more

Assumption of Risk Continues To Be A Reliable Liability Shield For Participants In Recreational Activities

by Selman Breitman LLP on

California courts continue to apply the assumption of risk doctrine at the summary judgment level in decisions that preserve the rights of Californians to participate in recreational activities without the threat of adverse...more

Unnecessary Roughness: Coaches, Concussions And The Constitution In Mann V. Palmerton Area School District

A recent decision by the United States Court of Appeals for the Third Circuit may have coaches checking with their lawyer before deciding whether to allow an injured player to go back into a game or practice. In an alarming...more

California Court Unfriends Rapper’s ROP Claims

by McDermott Will & Emery on

The Court of Appeals for the State of California upheld a trial court decision granting defendant’s motion to strike under California’s anti-SLAPP statute but remanded the position denying defendant’s motion to strike the...more

Record Jury Verdict for New Hampshire Defamation Plaintiffs

by Akin Gump - Excubitor on

A New Hampshire jury has awarded nearly $275 million to three men publicly alleged to be drug dealers, money launderers and extortionists by local businessman and radio host Michael Gill. The verdict—thought to be the largest...more

Commercial Division Reprimands Lawyer for Misconduct in Deposition

On August 25, 2017, Justice Shirley Werner Kornreich of the New York Commercial Division entered an order reprimanding a high-profile lawyer, Mark Geragos, for misconduct during a deposition, including refusing to answer...more

Pinpointing cancer’s cause: a costly, complex, maddening challenge

What exactly causes cancer? That may be, recent news reports indicate: - a question that’s heading into the billion-dollar range for a Big Pharma firm; - a painful conundrum for a Major League Baseball...more

Coming Into Focus: Recent Decisions Help Define the Scope of Right of Publicity Claims

by Jackson Walker on

When it comes to the right of publicity, it helps to keep tabs on California law. The right to prevent the unauthorized commercial use of a person’s name, likeness or other indicia of identity may vary from state-to-state....more

Concussion Can Cause Abnormalities in Organ Systems Through Autonomic Nervous System Dysfunction

by Downs Rachlin Martin PLLC on

The open source journal Brain Science has just published a survey of literature demonstrating that a mild traumatic brain injury (mTBI) , otherwise known as concussion, is a complex pathophysiological process that can have a...more

0.44% of NFL Brains

by Wilson Elser on

When The New York Times reports that 110 out of 111 NFL brains (99.09%) have chronic traumatic encephalopathy (CTE), everyone pays attention. Mothers worry about their kids. Some worry about their jobs. Senate subcommittees...more

Open Questions on Media Company Liability for Statements Made by Talent

by Akin Gump - Excubitor on

A recent case has raised questions about whether or not a media company can be held liable for defamatory statements made by its talent on social media. The case arose after a falling out between two television stars, Mykel...more

New Assumption of Risk Application Bars Gross Negligence Claim

by Selman Breitman LLP on

In a published opinion on June 22, 2017, the California Court of Appeal, Fourth District, in Swigart v. Bruno, 2017 WL 2686536, affirmed the judgment entered in favor of the firm's client after a summary judgment ruling...more

New Information on Photophobia following TBI

One of the most common symptoms following TBI is photophobia, an intense intolerance to light that can cause significant discomfort, interfere with activities of daily living, and contribute to post traumatic headaches. It...more

A Potential New Application of Defamation by Implication: Media Layout and Accompanying Images at Issue in ISIS Antiquities...

by Akin Gump - Excubitor on

On Monday, July 17, 2017, world-renowned antiquities dealer Hicham Aboutaam sued the parent company of a popular newspaper alleging that a story it published defamed him. The article, titled “Prominent Art Family Entangled in...more

From The Playing Field To The Courtroom: The State Of Current Legal Challenges Brought By Student-Athletes

by Fisher Phillips on

As the U.S. Supreme Court stated in a 1984 decision involving the University of Oklahoma, there exists in this country a “revered tradition of amateurism in college sports.” Despite this tradition, there have been an...more

Coal Executive Has His Feelings Hurt by Television Comedian John Oliver, Sues for Defamation

by Akin Gump - Excubitor on

In a Sunday, June 18, 2017, segment on John Oliver’s news comedy television show, Last Week Tonight, Oliver predicted that the founder and CEO of the largest privately owned coal company in the United States, the litigious...more

Augmented and virtual reality - emerging legal implications of "The Final Platform"

by Reed Smith on

In August 2015, Time Magazine declared that Virtual Realty (“VR”) was about to change the world. A year earlier, Facebook bought Oculus VR for $2.3 billion signalling the impact of what Oculus founder Palmer Luckey referred...more

Lawsuit Attempts to Finish the Job that the Iceberg Started

Stephen Cummings has sued James Cameron for turning his life story into the hit movie Titanic. Mr. Cummings claims that Leonardo DiCaprio’s character Jack Dawson “is based solely/wholly/only” on his life. Cummings claims...more

Pissarro from Cornelius Gurlitt’s Salzburg Home Returned to Heirs

by Sullivan & Worcester on

News Accompanied by Deafening Silence About Ongoing Restitution Policy Failures The German government announced recently that it had returned an additional work of art found in the Salzburg home of Cornelius Gurlitt in...more

MLB Teams Extend Protective Netting After Series of Spectator Injuries at Parks

Anyone involved in organized sports already knows the importance of remaining alert and keeping an eye on the ball during a game, both to make a play and to avoid a potentially serious injury. What about spectators at the...more

Libel by tweet. #Beware.

by Thompson Coburn LLP on

Everything is terse on Twitter. Even alleged libels. Like the Courtney Love case: $430K settlement over a single tweet. Now like music producer Dr. Luke’s case against lawyer Mark Geragos. Dr. Luke (real name Lukasz Gottwald)...more

The Supreme Court - April 26, 2017

by Dorsey & Whitney LLP on

Lewis v. Clarke, No. 15-1500: Petitioners Brian and Michelle Lewis were involved in an automobile accident with a limousine transporting patrons of the Mohegan Sun Casino, a casino operated by the Mohegan Tribal Gaming...more

Minor Golf Cart Collision on Indiana Courses Considered “Ordinary Behavior” and an Inherent Risk in the Game of Golf

by Reminger Co., LPA on

The Indiana Court of Appeals recently found that a man’s negligence claim against a fellow golfer who struck the back of his golf cart cannot succeed because driving a golf cart is normal behavior, with its attendant risks,...more

The Designer Formerly Known As…Intellectual Property Issues Arising From Personal Names As Fashion Brands

by Ladas & Parry LLP on

Kate Spade, Paul Frank, Joseph Abboud, Catherine Malandrino, and Karen Millen—aside from being well-known designers, all have something else in common; they no longer own the right to use their personal names as their brands....more

Live Streaming: The Privacy Concerns of Behind-the-Scenes Access

by Moore & Van Allen PLLC on

A professional football team clinches their playoff spot in an upset game, then hits the locker room for a celebration and an inspirational pep talk from their winning coach. The perfect application for livestreaming, one...more

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