Posts Tagged ‘golf’

Torts roundup

  • Bad lawsuit on bad theory: “Cantor Fitzgerald, American Airlines Settle 9/11 Lawsuit” [Financial Advisor mag]
  • New Jersey court: only golfer, not his companions, responsible for yelling “Fore” to warn of errant ball [TortsProf]
  • “The New Lawsuit Ecosystem: Trends, Targets and Players,” 158-page report for Chamber of Commerce, topics include emerging areas of litigation (food class actions, data privacy); also lists leading plaintiff’s lawyers in various areas [Chamber’s Institute for Legal Reform]
  • “Eleventh Circuit Stacks Deck Against Defendants in Never-Ending Engle Product Liability Litigation” [Cory Andrews, WLF]
  • Beck vs. Prof. Chemerinsky on prescription drugs and pre-emption [Drug and Device Law]
  • “Outrageous Court Decisions: O’Brien v. Muskin Corp.” [Schearer; above-ground pool dive defect claim, New Jersey 1983]
  • New York rejects medical monitoring cause of action [Behrens]

“Derek Boogaard’s Family Is Suing The NHL For Wrongful Death”

The family, now represented by Chicago’s Corboy & Demetrio, is refiling a suit dismissed earlier [Deadspin]:

According to The New York Times, the complaint alleges that the N.H.L., through the actions/inactions of the teams and team physicians charged with caring for Boogaard, breached a duty to Boogaard in failing to monitor his prescription drug use. The suit also alleges that the league’s substance abuse program violated its own rules when it failed to suspend or reprimand him for his several lapses, even in the face of multiple failed drug tests and his admissions that he occasionally purchased the drugs illegally.

P.S. In other sports-lawsuit news, “Vijay Singh sued the PGA Tour on Wednesday for exposing him to ‘public humiliation and ridicule’ during a 12-week investigation into his use of deer-antler spray that ended last week when the tour dropped its case against him.” [ESPN, auto-plays video]

Torts roundup

  • House Judiciary passes measure (FACT Act) promoting transparency of asbestos trusts, could preserve assets for honest claimants by curbing n-tuple dippers [Harold Kim/US Chamber, Ted Frank] “$48 million jackpot justice asbestos award for 86-year-old” [Frank]
  • Canadian court: car crash caused chronic cough [Magraken]
  • Push in Connecticut legislature to ease expert testimony threshold, thus enabling more med-mal suits [Zachary Janowski, Raising Hale]
  • Georgia court: residents on notice of wild alligators, golf club not liable for elderly woman’s demise [Daily Report]
  • “NYT is inconceivably shocked that NYC defends itself in lawsuits instead of blindly writing multimillion $ checks.” [@tedfrank]
  • Arizona court declines Third Restatement’s invitation to gut duty prerequisite in tort law [David Oliver]
  • Vintage insurance fraud: “The Slip-and-fall Queen” [Brendan Koerner via @petewarden]
  • Relaxation of fault in auto cases: “Richard Nixon’s Torts Note” [Robinette, TortsProf] “Reforming the Reform: No-Fault Auto Insurance” [same]

“Golf course company in lawsuit: Sanford lied 90 years ago”

“The city of Sanford [Florida] is in court — again — because the private company that manages its Mayfair Country Club golf course wants out of its 20-year contract, accusing the city of a 90-year-old lie. Maece Taylor Inc., which rescued and revived the course four years ago after the city had a falling-out with its previous operator, says its deal with the city is invalid because city officials lied about who designed the course in the 1920s.” [Orlando Sentinel]

March 14 roundup

  • A San Francisco cosmetic surgeon sues her online critics — in Virginia? [Paul Alan Levy, CL&P]
  • SCOTUS ruling in “cat’s-paw” case could gut summary judgment in many bias suits [Hyman]
  • Cuomo spokesman’s smart retort to Litigation Lobby attack on Medicaid reform panel []
  • “Tennessee Cops Posed as a Defense Attorney To Get Suspect To Incriminate Himself” [Reason]
  • “Illinois golfer not liable for head shot” [Lowering the Bar]
  • Trade friction mounts due to anti-India provisions in Zadroga (9/11 recovery workers) compensation bill [PoL]
  • Is a tax-funded federal nonprofit entity funneling money to environmental suits against the government? [Ron Arnold, Examiner]
  • FCRA class action deemed “lawsuit abuse problem in a nutshell” [Examiner editorial]
  • “Fatherhood by Conscription: Nonconsensual Insemination & the Duty of Child Support” [Michael Higdon, SSRN via Instapundit]