Bodily Injury Blog » Legal Rulings

Supreme Court Shoots Down Emissions Lawsuit

Edward Bills — Tue, 21 Jun 2011 14:10:19 +0000

The U.S. Supreme Court unanimously ruled against a lawsuit filed by six states against utility companies over greenhouse emissions. The states had demanded that utilities cut their greenhouse emissions under federal law, claiming that pollution was a “public nuisance.” The court, however, ruled that the “Environmental Protection Agency was better suited than federal judges to assess the costs and benefits of reducing carbon emissions.”

Class-Action Suit Approved Against Netflix, Wal-Mart

Edward Bills — Mon, 03 Jan 2011 22:51:32 +0000

A federal judge has approved a class-action lawsuit against Netflix Inc. and Wal-Mart Stores Inc. over an alleged monopoly agreement. Netflix customers claim in their suit the two companies “conspired in 2005 to divide the market for selling and renting DVDs in order to reduce competition.” As a result of the agreement, the plaintiffs claim to have paid “supracompetitive” prices

$65 Mil. Verdict Upheld In Major Car Crash Suit

Edward Bills — Thu, 19 Aug 2010 19:02:15 +0000

A Florida court of appeals has upheld a $65 million verdict in a lawsuit over a 2007 crash that left a young woman seriously injured. The woman was hit by a tractor trailer that ran a red light, suffering such extensive injuries that she cannot care for herself. The company that owns of the tractor trailer that hit the woman, asked for the damages to be reduced, but the appeals court sided with the lower court’s decision.

Sports Bar To Pay Damages In Fatal Drunk Driver Crash

Edward Bills — Thu, 29 Jul 2010 19:57:52 +0000

A sports bar in Austell, Ga., has agreed to pay $1 million to the widow of a man killed by a drunk driver who was allegedly over-served by the bar staff. The lawsuit claims that in October 2008, The Sports Grill served alcohol to a man when he was already drunk. The man then crashed his car into another vehicle, killing the car’s owner. The judge also sanctioned the bar after it was discovered that they destroyed video tapes and bar tabs that showed the man drinking.

Supreme Court Nixes Suit Over Immigrant’s Death

Edward Bills — Tue, 04 May 2010 21:07:41 +0000

The U.S. Supreme Court unanimously ruled Monday that the family of a Los Angeles-area immigrant who died of cancer that wasn’t treated while he was federal detention cannot pursue damages against government doctors for medical negligence. Over an 11-month period in 2006, correctional facility doctors refused to perform a biopsy of a growing lesion on Francisco Castaneda’s penis despite outside doctors’ recommendations. Castaneda was released in January 2007 and received treatment, but it was too late; he died a year later of cancer. Justice Sonia Sotomayor said in her ruling that a damage suit against the government itself is the “exclusive” remedy for victims of medical errors or negligence.

Judge Green Lights Suit Against Mental Facility

Edward Bills — Thu, 29 Apr 2010 13:57:42 +0000

A U.S. District Judge in Texas ruled that a lawsuit over alleged “fight clubs” in a Corpus Christi facility for people with mental disabilities can proceed. Judge Janis Graham Jack dismissed the request from the four state officials named as defendants that they be excluded from the lawsuit because of qualified immunity. The lawsuit, which represents five plaintiffs, claims that the officials should have been aware of the incidents that occurred in 2008 and 2009 and that more security was necessary to keep the residents safe. In 2007, there were 1,013 allegations of abuse, neglect or exploitation � and 51 confirmed cases � at the 430-bed facility, the Austin American-Statesman reports.

Quadriplegic Awarded Damages for Bedsores

Edward Bills — Thu, 22 Apr 2010 16:29:41 +0000

A New York judge has awarded $2.2 million to a quadriplegic former construction worker who developed severe bedsores while recovering from a spinal cord injury. According to an attorney for the plaintiff, staff at the Westchester Medical Center failed to regularly turn the patient during his stay at the hospital. The bedsores had to be surgically closed and prevented the patient from participating in physical therapy, his attorney said.

Judge Dismisses Suit in Death of Musician

Edward Bills — Tue, 20 Apr 2010 22:22:11 +0000

A federal judge in Los Angeles recently dismissed without prejudice an eight-year-long wrongful death lawsuit filed against the city over the fatal shooting of former rapper Christopher Wallace, also known as the Notorious B.I.G. In the lawsuit, Wallace’s mother accused the Los Angeles police department of conspiracy and attempting to cover up their involvement in her son’s shooting. In 2005, another judge ordered the city to pay the family $1.1 million in legal fees and ruled that the police had intentionally withheld evidence. Lawyers for Wallace say they will refile the lawsuit.

Suit Filed Against Cop Who Allegedly Caused Wreck

Edward Bills — Fri, 16 Apr 2010 22:49:39 +0000

A Mississippi judge has approved a lawsuit filed by a woman who claims she was severely injured when the car she was riding in was hit by a police officer who ran a red light without his lights on siren on. The city of Jackson, Miss., attempted to have the lawsuit thrown out, claiming that Joi Fitzgerald did not prove that the officer acted with “reckless disregard,” but the judge dismissed the motion. In a similar case in 2005, a judge ruled against a then-Jackson police officer when he ran a red light and caused a fatal accident.

Supreme Court Allows Suit Against San Carlos PD

Edward Bills — Wed, 07 Apr 2010 01:13:10 +0000

The U.S. Supreme Court has upheld a ruling by the 9th U.S. Circuit Court of Appeals that will allow a former California resident to file a lawsuit against the city of San Carlos and two police officers. According to the lawsuit, the officers wrongly broke into the home of Bruce Hopkins and arrested him after he was involved a fender-bender in August 2003. The officers claimed they suspected Hopkins was intoxicated at the time of the crash. However, all charges were eventually dropped. A trial in the case is expected to be scheduled sometime in the next few months.