Archive for the ‘Recent Rulings’
Published
March 9th, 2010
in
Automobile Accidents, Bodily Injuries, Briefs, Jury Awards, Misconduct, Of General Interest, Recent Rulings |
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A Sacramento jury awarded an Oregon girl $24.3 million who was run over by an 18-wheeler six years ago driven by her father. The judge in the case ruled that the fact that her father was driving the truck was irrelevant, because he had been hired by the trucking company, Freeway Transport Inc., who the jury found liable. Diana Yuleidy Loza-Jimenez got accidentally caught under the back wheels of the truck, suffering severe injuries to her entire lower body. She will need an untold amount of surgeries that will affect her the rest of her life, an attorney said.
Published
February 18th, 2010
in
Automobile Accidents, Bodily Injuries, Briefs, Legal Rulings, Misconduct, Of General Interest, Recent Rulings |
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A Colorado judge awarded $18.5 million to a man who suffered severe injuries after being hit by a drunk driver while he was working in his driveway. According to the lawsuit, Paul Savage was changing his wife’s car’s oil when Kevin Ruszkowski drove his car off the road and onto Savage’s property, striking him. Savage suffered injuries to his spine and is now a functioning paraplegic, the Denver Post reports. Ruszkowski was driving with a suspended license.
Published
February 18th, 2010
in
Briefs, Legal Rulings, Misconduct, Of General Interest, Recent Rulings |
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A federal appeals court in Ohio this week gave the green light to a man’s lawsuit against a Cincinnati community pool. In the lawsuit, Robert Kennedy alleges he was thrown out of the pool without refund because pool staffers claimed he was “creeping out” other patrons. The judge ruled that because he had not broken any rules, Kennedy had a “constitutionally-protected liberty interest to use municipal property” and that refusing him that right was unconstitutional.
Published
February 5th, 2010
in
Briefs, Of General Interest, Recent Rulings |
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It is up to a federal judge to decide the fate of a patent lawsuit against Myriad Genetics Inc., which has patented genes that are linked to an increased risk of breast and ovarian cancers. According to the lawsuit, Myriad Genetic refuses to allow anyone else to broadly research the genes, which forces anyone who fears they may be at risk of breast or ovarian cancer to deal with Myriad alone. The test to identify if the genes have specific mutations that could increase the risk for cancer costs as much as $3,000. The lawsuit also contends that the development of treatments are being restricted
Published
January 21st, 2010
in
Bodily Injuries, Briefs, Of General Interest, Product Liability, Recent Rulings |
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Plaintiffs involved in pending mass tort litigation over hormone replacement therapy may admit evidence from key expert witnesses, a judge presiding over the litigation has ruled. In the ruling, Philadelphia Common Pleas Judge Sandra Mazer rejected arguments by the defense that the experts’ methodologies were flawed. Plaintiffs allege that they developed breast cancer after taking hormone replacement drugs.
Published
December 30th, 2009
in
Bodily Injuries, Briefs, Misconduct, Of General Interest, Recent Rulings |
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The 9th Circuit Court of Appeals ruled Monday that a tennis instructor has the right to pursue damages against a Coronado, Calif. police officer for tasering him without notice in 2005. Court documents show that Officer Brian McPherson shocked Carl Bryan during a traffic stop after he became upset. The court held that “the use of Tasers and similar devices must be justified by a strong government interest that ‘compels’ the employment of such force.” The court ruled that while the desire to end a tense and emotional situation was understandable, Bryan did not level a verbal or physical threat against
Published
December 18th, 2009
in
Briefs, Misconduct, Of General Interest, Recent Rulings |
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Newly gathered e-mails could provide a different view on who could have prevented the deaths of six civilian truck drivers during a 2004 attack of a KBR convoy in Iraq. A Houston judge initially ruled that the U.S. Army had control over the deployment of the convoy, but new-found e-mails may point the other way. According to the Houston Chronicle, e-mails have been uncovered that suggest many KBR supervisors did not believe they were constrained by military orders — a constraint that is central to KBR’s defense in the federal case. U.S. District Judge Gray Miller is expected to rule soon on whether the case will proceed to trial in 2010 or be dismissed again.
Published
December 4th, 2009
in
Briefs, Of General Interest, Recent Rulings, Wrongful Death |
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The Nebraska Supreme Court has revived a lawsuit against the owners of an Omaha apartment building that was the site of deadly fire in 2006. The high court held that Maria Ofelia Corona de Camargo may seek damages for from the owners and managers of the Colonial House Apartments for pain and suffering. However, the court held that a wrongful death claim was barred because it was not brought within the statute of limitations.
Published
December 4th, 2009
in
Briefs, Misconduct, Of General Interest, Recent Rulings |
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A federal judge has dismissed a lawsuit by Enron investors against banks alleged to have aided the defunct energy company’s fraud, Reuters reports. An attorney for one of the plaintiffs said they saw no point in continuing their suit against Bank of America Corp’s Merrill Lynch unit, Barclays Plc, Credit Suisse Group AG Royal Bank of Canada, Royal Bank of Scotland Group Plc and Toronto-Dominion Bank. The case is Newby et al v. Enron Corp et al.
Published
December 1st, 2009
in
Automobile Accidents, Bodily Injuries, Briefs, Product Liability, Recent Rulings |
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The U.S. Supreme Court has declined to hear a challenge to a $82.6 million rollover-related verdict against Ford Motor Co. In the appeal, attorneys argued that the automaker should not have to pay $55 million in punitive damages because the design of the Ford Explorer driven by the plaintiff met federal safety standards. The plaintiff in the case was left paralyzed in the crash. AP, The Washington Post
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