Posts Tagged ‘sued if you do’

“Exxon Not Liable for Alligators in Mississippi Dump, Court Rules”

“Exxon Mobil Corp. isn’t responsible for alligators overrunning a rural dump site it owns in Mississippi, the state supreme court ruled, because the global oil explorer can’t control wild animals. … Even if Exxon had wanted to cull the congregation, it would have been prevented by state law that designates alligators as a protected species, making it illegal to hunt or disturb them, according to the ruling.” [Bloomberg/Insurance Journal]

City pays $100K over cop’s conduct, now faces claim from him

Washington: “A Lake Stevens police officer who was at the center of a civil rights lawsuit that cost the city $100,000 filed a claim Monday alleging city officials mishandled the lawsuit and tarnished his reputation. … ‘The cumulative result of the City’s errors is that Warbis has been continually portrayed as a rogue and hot-headed cop, something that is completely contrary to the truth and case facts,’ according to the claim. … The claim does not spell out how much money the police officer is seeking, however, it says ‘a seven-figure-damages judgement is not unreasonable.'” [Everett Herald]

Rules against employee fraternization — and how they can backfire

In an effort to reduce possible exposure to harassment claims, employers have occasionally adopted “anti-fraternization” policies that prohibit some types of contact between employees, as by prohibiting male and female employees from being alone together behind closed doors. It has long been predicted that such policies might themselves generate worker discontent and result in litigation. Now a woman is suing Dallas-based law firm Scheef & Stone LLP alleging, among other things, that its former anti-fraternization rules kept female employees from developing mentor relationships and resulted in their being marginalized in the workplace. [Courthouse News via Becket Adams, The Blaze]

Sued if you do dept.: unhappy town hall in New Jersey

Parsippany, N.J. hired a new town clerk last year, but her tenure does not seem to have proved a long or happy one: four office employees soon filed complaints against her, “charging her with making racial, sexual and religious statements that left them feeling uncomfortable in the workplace,” and she filed counter-complaints. “All of the grievances were dismissed by township administration, and both sides filed suit against the town.” Now the town has paid $200,000 to resolve the former town clerk’s claims, which she has not elaborated publicly on advice of counsel, while the status of the office workers’ $4 million claim is not clear. [Parsippany Patch via NJLRA]

April 4 roundup

  • Verbal fireworks from Judge Kozinski in Ninth Circuit “stolen valor” case [Above the Law]
  • Measure of artificially contrived scarcity: “NYC Taxi Medallions Approach $1 Million.” Would officials in Washington, D.C. really consider introducing such a destructive system? [Perry, more]
  • Workers’ comp OK’d in case where simulated chicken head blamed for subsequent emotional disability [Lowering the Bar]
  • “NBA referee sues sports writer over tweet” [Siouxsie Law] “Lessons from Dan Snyder’s Libel Suit” [Paul Alan Levy/CL&P, earlier]
  • Litigation rates similar for poor and good nursing homes, researchers find [US News] Effects of medical liability reform in Texas [White Coat, scroll] New York’s Cuomo caves on medical liability plan [Heritage] Sued if you do, sued if you don’t in the emergency room [same]
  • “Federal Government Wants to Bully School Bullies, and Demands School Help” [Doherty, Bader, Popehat, Bernstein] New York law firm launches school-bullying practice [Constitutional Daily]
  • Mass tort settlements: “The market for specious claims” [S. Todd Brown, Buffalo, SSRN]
  • Could Gene McCarthy’s candidacy have survived Arizona elections law? [Trevor Burrus, HuffPo]

Shot if you do, sued if you don’t

“There’s no doubt delivering food is a risky job — it routinely ranks on the U.S. Bureau of Labor’s most-dangerous jobs list — and after last week’s much-publicized robbery of a Chinese food deliveryman, some restaurants might be inclined to avoid delivery to high-crime areas. But in doing so, restaurants might open themselves up to civil litigation regulating anti-discrimination practices, essentially creating a catch-22 for the businesses, legal experts said.” [Harrisburg Patriot-News]

Sued if you do, sued if you don’t dept.: laminated vs. tempered glass

As we have seen in earlier coverage, automakers will get sued over some kinds of accident if they decide to use laminated glass, and sued over others if they decide to use nonlaminated glass. Now Ted at Point of Law has details of another case, this one against Ford, in which the South Carolina Supreme Court held that NHTSA regulations resolved the issue at hand and should not be second-guessed by tort litigation. Unfortunately, as Ted notes, the trial bar and its allies in the Obama administration are doing their best to weaken the preemption defense, which would open up maximum scope for sued-if-you-do, sued-if-you-don’t litigation of this sort.