News

Personal Injury

[07/02] NH city rallies around refugees to banish bedbugs
[07/02] Parents of Oregon boy settle in surgery lawsuit
[07/02] Highway deaths fall in 2009, lowest since '61
[07/01] Teenage survivor of jet crash 'doing well'
[07/01] Mississippi's still fattest but Alabama closing in
[07/01] State-by-state list of obesity rates, rankings
[06/30] Experiment seeks to head off Type 1 diabetes
[06/30] Oregon man's wallet resurfaces after 63 years
[06/30] Courts face new challenges in faith healing cases
[06/30] A look at world's deadliest air disasters

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Product Liability

[06/29] 47,000 elderly falls in US tied to canes, walkers
[06/25] Investigators eye problems with DC track circuit
[06/19] Nestle recalls Toll House cookie dough products
[06/18] Group disputes cancer claims on One A Day vitamins
[06/18] Texas woman dies in pool year after children did
[06/17] FDA says Zicam nasal spray can cause loss of smell
[06/16] Oh, boy! NYC moms sue, say baby sex tests wrong
[06/11] Kroger recalls store brand wings in 2-pound bags

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Case Summaries

Injury & Tort Law

[07/02] Hughes v. Pair
Court of Appeals judgment for defendant in a sexual harassment action is affirmed where: 1) plaintiff's factual allegations fail to establish the severe or pervasive conduct necessary to pursue a claim of hostile environment sexual harassment under Civil Code sec. 51.9, as the conduct was not so egregious as to alter the conditions of the underlying professional relationship and could not plausibly be construed by a reasonable trier of fact as a threat to commit a sexual assault on plaintiff; and 2) the court properly granted summary judgment on plaintiff's claim for intentional infliction of emotional distress as plaintiff failed to establish either extreme or outrageous conduct by defendant or that plaintiff suffered severe or extreme emotional distress.

[07/01] Thomas v. Carnival Corp.
In a personal injury action involving a slip and fall aboard Defendant cruise line, the District Court's order granting Defendant's motion to compel arbitration is reversed where, under the parties' agreement, the dispute at issue must have some actual relation to the agreement to arbitrate, irrespective of what ship the claims originated from and when suit was brought.

[06/30] Grammer v. John J. Kane Regional Centers
In a wrongful death action brought under the Federal Nursing Home Reform Amendments, district court judgment finding no right of action under the statutes and dismissing the case is reversed and remanded where it is clear that Congress intended to create individual rights in drafting and adopting the Amendments and plaintiff's mother falls squarely within the zone of interest the provisions are meant to protect. In addition, 42 U.S.C. sec. 1983 provides the proper avenue for relief for the statutory provisions which plaintiff seeks to enforce, as defendant has failed to demonstrate that Congress foreclosed that option by adopting another, more comprehensive enforcement scheme.

[06/30] Beninati v. Black Rock City, LLC
In a negligence action, trial court judgment is affirmed where the doctrine of primary assumption of risk applies to the activity engaged in by plaintiff at the Burning Man Festival, and thus defendant owed him no duty of care to prevent the injuries he incurred as a result.

[06/30] Carmichael v. Kellogg, Brown & Root Serv., Inc.
In a negligence suit arising out of an accident in which Plaintiff's husband was injured while serving in Iraq, the dismissal of the complaint is affirmed where the political question doctrine barred the suit because adjudicating Plaintiff's claims would require extensive reexamination and second-guessing of many sensitive judgments surrounding the conduct of a military convoy in war time.

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