2019 Litigation Legal News Archives

November 2019

Diamond and Silk Threaten to Sue Blogger for Defamation

Thursday, 28 November, 2019

When the First Amendment was adopted, freedom of the press referred to the printing press. There was no internet in 1791. The word weblog, soon shortened to blog, did not come into existence until 1997. As media have expanded since 1791, so has the scope of the First Amendment. Even scholars … continue reading

Oklahoma Judge Holds Johnson & Johnson Responsible for Oklahoma Opioid Crisis

Thursday, 21 November, 2019

An Oklahoma judge has ruled that Johnson & Johnson’s role in creating an opioid crisis in Oklahoma created a public nuisance. The judge ordered the company to pay $572 million as its contribution to abate the nuisance. The trial has been watched closely as an early indicator of how other lawsuits … continue reading

Is There a Constitutional Right to a Survivable Climate?

Thursday, 7 November, 2019

The Declaration of Independence asserts that certain rights are unalienable, including life, liberty, and the pursuit of happiness. The Bill of Rights provides substantive and procedural protections that give teeth to those promised rights. But while the Bill of Rights protects against arbitrary deprivations of life and liberty, it offers … continue reading

Changing How Police Officers Are Trained May Change Outcomes of Deadly Force Trials

Tuesday, 5 November, 2019

Lawsuits against police officers who shoot unarmed suspects have proliferated as those shootings have become commonplace.  While the officers involved are often disciplined or fired, juries typically decline to award compensation to the families of unarmed individuals who are killed in police encounters. Criminal juries are even less likely to find … continue reading

October 2019

Judge Rules that GM Owners Cannot Recover Damages for Defective Ignition Switches

Tuesday, 29 October, 2019

Consumers who purchased certain GM cars with defective ignition switches sued GM. A federal judge recently ruled that under the law of three states in which those suits were commenced, the buyers are not entitled to a remedy because GM eventually replaced the defective switches. That ruling does not affect … continue reading

Can Rideshare Drivers Discriminate Against Disabled Passengers?

Thursday, 24 October, 2019

Talia Lubin has Type-1 diabetes. She depends on a service dog to keep her alive. Her diabetic alert dog is trained to detect the odor associated with chemical changes produced by elevated or depressed blood sugar levels. The dog then alerts the owner, who can respond by taking insulin or … continue reading

Equifax Might Owe You $125 — But There’s a Catch

Thursday, 17 October, 2019

Consumers occasionally receive a notice in the mail informing them of a class action settlement. Follow the instructions on the card and, if you are eligible to participate as a class member, you might receive something of value. While the notices are generally written in plain English, consumers sometimes regard them … continue reading

Is $100K for a Dirty Swimming Pool an Excessive Fine?

Thursday, 10 October, 2019

Most people know that the Eighth Amendment to the United States Constitution forbids cruel and unusual punishments. Less understood is the amendment’s prohibition of “excessive fines.” Fines are generally understood to be a monetary punishment imposed by the government for a violation of the law. The meaning of “excessive,” on the … continue reading

Sales of "Full Coverage" Health Insurance Plans Lead to Big Bills & Lawsuits

Thursday, 3 October, 2019

Unscrupulous health insurance companies have taken advantage of recent changes in Obamacare regulations to market policies that provide illusory coverage of medical expenses. Misleading marketing practices encourage consumers to believe that they are purchasing all the coverage that Obamacare requires. Deceived consumers only realize the truth when companies refuse to … continue reading

September 2019

$14M Judgment Recommended for Victim of Internet Trolling

Thursday, 26 September, 2019

A federal magistrate has recommended an award of $14 million in favor of a victim of internet trolling. Tanya Gersh, a real estate agent in Montana, sued Andrew Anglin, operator of The Daily Stormer website, alleging that she was the victim of an anti-Semitic troll storm. Gersh’s case did not go … continue reading

Sealing Documents in Court Cases Has Social Costs

Tuesday, 17 September, 2019

Courts are routinely asked to seal documents that are used as evidence in court proceedings. When a document is “sealed,” it is kept out of the public record. Only the judge and the parties are allowed to view the document. Records might be automatically sealed in juvenile cases or in lawsuits … continue reading

Boeing Faces Racial Harassment Lawsuit

Thursday, 12 September, 2019

Racial harassment should be a relic of the past, but some employees continue to endure hostile work environments because of their race. Harassment persists, in part, because federal courts have been reluctant to give teeth to federal laws that are meant to protect employees from discrimination. A recent lawsuit against Boeing … continue reading

August 2019

Drew Brees Wins $6.1 Million Judgment for Diamond Fraud

Tuesday, 6 August, 2019

Drew Brees, the quarterback of the New Orleans Saints, won a lawsuit against a San Diego jeweler. Brees contended that he purchased colored diamonds from the firm as an investment, only to learn that the diamonds had less value than the jeweler claimed. Investment Lawsuits The concept of “buyer beware” plays a … continue reading

July 2019

Verdicts Link Cancer to Roundup

Tuesday, 16 July, 2019

The company formerly known as Monsanto has been stung by recent verdicts finding the company liable for cancer caused by Roundup, the world’s most popular weed killer. Bayer, the giant German pharmaceutical company, paid $63 billion to acquire Monsanto, the giant American agricultural chemical manufacturer. The three recent verdicts might … continue reading

Consumers and Businesses Wonder About Remedies When Amazon Sells Counterfeit Goods

Tuesday, 9 July, 2019

If you stroll down Fifth Avenue in New York City on a warm summer day, street vendors will almost certainly try to sell you a Rolex watch or a Gucci bag for a fraction of the retail cost. Most consumers know that the products are counterfeit and that they will … continue reading

June 2019

Qualcomm Ordered to Stop Overcharging for Cellphone Modem Chips

Thursday, 27 June, 2019

In a decision that might eventually benefit consumers by reducing the cost of mobile phones, a federal judge agreed with the Federal Trade Commission (FTC) that Qualcomm violated antitrust laws by using its monopoly power over certain modem chips to extort unreasonably high prices for those chips. Since cellphone manufacturers … continue reading

Supreme Court Allows iPhone Owners to Sue Apple for Antitrust Violations

Monday, 10 June, 2019

The United States Supreme Court handed a victory to iPhone owners who sued Apple for violating antitrust laws by forcing them to buy apps from its App Store. As are many cases in a divided Supreme Court, the case was decided by a 5-4 vote. The deciding vote came from … continue reading

May 2019

Drug Companies Face Legal Peril for Opioid Crisis

Tuesday, 28 May, 2019

Courts have rarely held drug companies responsible for the consequences of drug use. As long as the drug has been approved by regulators and is marketed with approved warnings about potential side effects, courts generally shield drug makers from liability for harm. The primary exceptions to that rule concern drugs … continue reading

Court Strikes Down “Skirts Only” Dress Code in Charter School

Thursday, 2 May, 2019

At one point in American history, public school dress codes were common. At their worst, the dress codes required girls to wear clothing that all-male school boards deemed appropriate for females. Under many of those codes, only boys were permitted to wear pants. Times have changed. Whether they serve in the … continue reading

April 2019

Sandy Hook Victims Avoid Dismissal of Lawsuit Against Assault Rifle Manufacturer

Thursday, 25 April, 2019

The gun industry suffered a stunning defeat in a 4-3 Connecticut Supreme Court decision that allowed families of Sandy Hook shooting victims to seek damages from Bushmaster Firearms, the manufacturer of the assault rifle that the shooter used in the mass slaying. Bushmaster is a subsidiary of the Remington Outdoor … continue reading

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