But suing a variety of “nontraditional defendants,” including the City of New York and the owners of the apartment building where the victim’s body was found, may not be a sure-fire formula for doing that. Among the defendants is Facebook, on which a paramedic improperly posted pictures of the victim’s body; while the pics were quickly taken down, the suit demands that Facebook take further remedial steps such as identifying who may have “downloaded” (i.e. viewed?) the images. [CNN]
Posts Tagged ‘third party liability for crime’
Noise in the middle of the night?
Think twice before encouraging someone to check [NJLRA]
Claim: Starbucks tip jars too tempting to thieves
Crestwood, Mo.: “The Starbucks coffee shop here should have known it was inviting trouble by placing a tip jar on an open counter, according to a wrongful-death lawsuit filed by the estate of a customer who died defending it.” Customer Roger Kreutz saw a teenager grab the jar and gave chase on foot; he was killed when the miscreant backed his car over him. Kreutz’s estate has now filed a suit alleging “that Starbucks ‘did not employ security to prevent the perpetration of such crimes’ and that it ‘invited the act of perpetration of said crime’ by having a tip jar.” [St. Louis Post-Dispatch]
Man shot on Mexico fishing trip sues tour operator
An Oregon man robbed and shot during a fishing vacation to the state of Sinaloa, Mexico says the tour operator should have warned of the endemic risk of violence [OnPoint News]
I took you in, and your family sued me
St. Louis Post-Dispatch: “The parents of a man fatally stabbed at the New Life Evangelistic Center homeless shelter in 2008 have filed wrongful death lawsuits against the center, saying the center did not provide adequate security.” Jeremy Dunlap was 21 years old when he was stabbed at the center by Robert Gamble, another homeless man who was convicted of murder. “We are saddened that the family would claim that we were negligent,” a church assistant said. “We are in the business of trying to help people that nobody else will help.”
February 13 roundup
- Rules for Growth: Promoting Innovation and Growth Through Legal Reform is new book from Kauffman Foundation in which “formidable” contributors including Henry Butler, George Priest, and Peter Schuck prescribe pro-growth policy changes across a variety of fields [available at Kauffman or on SSRN via contributor Larry Ribstein, Diana Furchtgott-Roth/Real Clear Markets]
- Nick Farr is awfully apologetic (not really) for saying those mean things about Hot Coffee, the new documentary film presenting Lawsuit Lobby view of the world [Abnormal Use, earlier] Related: TBD, more. More: Bob Dorigo Jones.
- AEP v. Connecticut global warming case invites courts to supplant other branches’ role [Ilya Shapiro, Cato]
- Washington jury awards $46 million to victim of shooting spree at Denny’s who charged negligent security [Kent Reporter, KOMO, Seattle Times, earlier]
- New bipartisan Congressional Civil Justice Caucus forms on Capitol Hill [BLT, PoL]
- Oh, Professor Tribe, your rhetorical moves on the Supreme Court and Obamacare are so transparent [Ann Althouse] (& Ilya Shapiro letter in NY Times)
- DRI says “if you [defend] Med Mal cases the news isn’t good,” new filings show a drop; clients may take different view [For the Defense] James Pinkerton on med-mal reform [Serious Medicine Strategy] Jan. 20 medical liability hearing in the House [PoL]
- Jury: “customer of size” not victim of airline bias [five years ago on Overlawyered]
January 7 roundup
- Microsoft co-founder Paul Allen’s firm suing Apple, Google and many others over common web features [Atlantic Wire, Groklaw (“Allen v. World and Dog”]
- Probably not a good idea to give local authorities cash incentive to snatch kids from homes [Bader, CEI]
- Hyperlink liability case: “If I lose there won’t BE an Internet in Canada” [Ars Technica]
- Shooting spree at Denny’s results in suit charging eatery with negligent security [PNWLocalNews.com]
- More links: “Do securities lawsuits help shareholders?” [Point of Law, Bainbridge]
- Fourth Circuit revives CSX fraud suit against asbestos lawyers [Dan Fisher, Forbes] “Asbestos defendants want automatic access to info in bankruptcy trusts” [Chamber-backed LNL]
- Creation of noncompliant consumer financial product is a criminal offense under Dodd-Frank [Josh Wright, TotM]
- Man sues over seeing contestants eat rats on NBC reality show “Fear Factor” [six years ago on Overlawyered]
Man plants car bomb and blows up half-brother
And the resulting lawsuit by the bomb victim names as defendants the parking garage as well as the family member. A panel of the D.C. Circuit affirmed summary judgment in favor of the garage owners, however, ruling that a car bombing was not reasonably foreseeable at their location on Wisconsin Ave. in the District of Columbia. [Sigmund v. Starwood, Findlaw, via The Briefcase]
August 31 roundup
- Well, that solves that problem: International Criminal Court outlaws “aggression” [Jeremy Rabkin, Weekly Standard] One contrasting view [David Bosco, Foreign Policy]
- “Attorney holds banks up to liability in ATM robberies” [Baldas, NLJ; Ted at PoL]
- New report: litigation costs to California public schools run high [California Citizens Against Lawsuit Abuse, PDF]
- “Plaintiffs Object to Deal in Anorexia Suit Claiming School Didn’t Prevent Fat Taunts” [ABA Journal]
- Attention government contractors: “Your customer wants to see how much you make” [Hodak Value]
- New Jersey med-mal reform advocates rally after state high court guts certificate-of-merit law [NJLRA, more]
- SEPTA, the Philadelphia transit authority, files trademark action against personal injury law firm [Kennerly]
- Chemicals devastating lobsters in the Northeast? Maybe not [Logomasini, CEI]
Family overnights RV in Wal-Mart lot, sues over intruder
Wal-Mart stores in many parts of the country are famous for letting motor-home travelers park overnight in their lots for free. One wonders whether that policy will last: a Florida couple is now suing the retailer over an incident in the parking lot of its Cedar City, Utah store, in which the family shot and killed a man who intruded in their parked home. They say they have suffered emotional distress and medical problems and that “store officials knew the man was loitering in the lot” but failed to act. [Salt Lake Tribune via Consumerist, where commenters haven’t been conspicuously sympathetic to the plaintiffs]