2019 Litigation Legal News Archives

April 2019

When Are Lawsuits Frivolous?

Thursday, 18 April, 2019

Lawsuits are used to resolve private conflicts, but they can also serve important social interests. Victims of irresponsible behavior hope that their lawsuits will change behavior. For example, jurors in Oklahoma recently made clear that they intended to send a message to Aetna by awarding more than $25 million to … continue reading

GE Settles Ponzi Scheme Lawsuit for $49M

Saturday, 13 April, 2019

General Electric has agreed to pay $49 million to settle a lawsuit filed by two bankrupt Florida investment funds. The settlement will allow investors in the funds to recoup some of the losses they sustained as the result of a Ponzi scheme. Ponzi Scheme Thomas Petters, a Minnesota businessman, was arrested in … continue reading

Who Will Be Liable for 737 MAX Deaths?

Tuesday, 9 April, 2019

Two Boeing 737 MAX aircraft recently crashed within months of each other. The flights, operated by Ethiopian Airlines and Indonesia-based Lion Air, ended with the cumulative deaths of more than 300 passengers. Evidence suggests that Boeing’s Maneuvering Characteristics Augmentation System (MCAS), designed to prevent the aircraft from stalling, is responsible for … continue reading

March 2019

Liability for False Positive Drug Test Results

Thursday, 28 March, 2019

Dasha Fincher spent more than three months in jail because law enforcement officials found a bag of cotton candy in her car. A deputy who conducted a field test of the cotton candy decided it was actually methamphetamine, leading to Fincher’s arrest and incarceration. She has joined the ranks of … continue reading

February 2019

Supreme Court Holds that Civil Asset Forfeiture Can Constitute Excessive Fine

Tuesday, 26 February, 2019

Asset forfeiture is one of the few issues that unites conservatives and liberals. Asset forfeiture occurs when the government seizes property that has allegedly been used to facilitate a crime, that constitutes the fruit of a crime, or that was acquired with the proceeds of criminal activity. Most people have no … continue reading

Will Salmonella Outbreaks Prompt Lawsuits?

Monday, 18 February, 2019

Lawsuits against food producers for distributing food products contaminated with salmonella bacteria have a mixed track record of success. Lawsuits against restaurants have tended to be more successful than lawsuits against manufacturers because consumers may share the blame for their illness when they fail to wash or cook contaminated food … continue reading

States Restrict Use of NDAs in #MeToo Cases

Wednesday, 13 February, 2019

California will be among the first states to restrict the use of non-disclosure agreements (NDAs) to silence victims of sexual harassment and assault. As the LA Times reported, Zelda Perkins, Harvey Weinstein’s former assistant in Miramax’s London office, was forbidden by a NDA from revealing what she knew about her boss’s … continue reading

January 2019

New Yorkers Have a Right to Nunchucks

Saturday, 26 January, 2019

A federal judge recently struck down a 1974 New York law against nunchucks. Nunchucks are two rods, made out of wood or other material, connected by a short chain or rope. The name is derived from the Japanese name, “nunchaku.” They’re used in martial arts, as a weapon. Bruce Lee Many people in … continue reading

Sending Nude Photos May Now Lead to Jail Time

Sunday, 20 January, 2019

“Indecent exposure” is the deliberate exposure of one’s genitals in public, causing others to be alarmed or offended. It’s a crime in most states. (Exposing a bare breast, on the other hand, is generally not considered indecent exposure, at least when done for breastfeeding purposes.) But what happens when the “exposure” is … continue reading

FTC Examines Facebook’s Privacy Practices

Sunday, 13 January, 2019

Facebook has a problematic history when it comes to user privacy. In 2007, Facebook introduced Facebook Beacon, a feature that broadcast users’ online purchases to their friends. Users initially had to opt out on each purchase to avoid sharing information. In 2009, a group of nonprofit consumer and privacy groups, including the … continue reading