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    Do 47 stab wounds = emotional disturbance?

    June 29th, 2012

    If a guy stabs his girlfriend 47 times, it isn’t that great a leap to conclude that he was emotionally disturbed at the time.

    This week, New York’s highest court had to decide whether a jury in just such a homicide case was improperly denied the opportunity to return a verdict of manslaughter.

    Click here to read the full article, and visit the Lawyers USA home page  at lawyersusaonline.com for the latest legal news.


    Smile costs defendant six months in prison

    June 28th, 2012

    A smile probably isn’t the best way to respond when a judge tells you you’re going to spend the next six and a half years in prison. That’s particularly true when the judge has yet to put it down in writing.

    Click here to read the full article, and visit the Lawyers USA home page  at lawyersusaonline.com for the latest legal news.


    Faded road sign blamed for crash

    June 27th, 2012

    The 8th Circuit yesterday upheld a federal judge’s finding that an automobile accident was caused by a Nebraska county’s failure to have a properly placed and maintained road sign warning drivers of a dangerous curve.

    Click here to read the full article, and visit the Lawyers USA home page  at lawyersusaonline.com for the latest legal news.


    Is attorney liable for defamatory statements in draft complaint?

    June 26th, 2012

    An absolute privilege protects attorneys from being sued for defamatory statements made in the course of litigation. But what about defamatory materials appearing in a draft complaint circulated before a lawsuit is even filed?

    The Virginia Supreme Court answered that question earlier this month.

    Click here to read the full article, and visit the Lawyers USA home page  at lawyersusaonline.com for the latest legal news.


    Wrongful birth claim allowed for child’s cystic fibrosis

    June 25th, 2012

    While rejecting the label as “inflammatory,” a Montana judge last week recognized what most personal injury lawyers would say is a claim for wrongful birth.

    Click here to read the full article, and visit the Lawyers USA home page  at lawyersusaonline.com for the latest legal news.

     


    Florida lawyer must pay for disclosing Cooper Tire secrets

    June 22nd, 2012

    The 5th Circuit yesterday upheld a $30,000 sanction against a Florida product liability attorney who inadvertently disclosed Cooper Tire trade secrets and confidential information.

    Click here to read the full article, and visit the Lawyers USA home page  at lawyersusaonline.com for the latest legal news.


    Does comp cover prosthesis that breaks at work?

    June 21st, 2012

    Do employers have an obligation to replace prosthetics that fail in the workplace, regardless of cause? One Missouri worker thinks they should, but how would the courts answer that question?

    Click here to read the full article, and visit the Lawyers USA home page  at lawyersusaonline.com for the latest legal news.


    When alligators attack!

    June 20th, 2012

    According to some experts, you have a better chance of being killed by an asteroid than an alligator if you live in the Southeast United States.

    Unfortunately, one 83-year-old woman managed to beat the odds. And now her family claims that the golfing community where the alligator attack occurred must pay for her death.

    Click here to read the full article, and visit the Lawyers USA home page  at lawyersusaonline.com for the latest legal news.


    Can ‘sympathetic’ plaintiff be excluded from courtroom?

    June 19th, 2012

    A party’s right to be present at trial is about as fundamental as it gets. But one young girl with severe cerebral palsy was excluded from most of the medical malpractice trial over her birth injuries. Yesterday, the Georgia Supreme Court had to decide whether such an extraordinary measure was justified by the risk of undue juror sympathy.

    Click here to read the full article, and visit the Lawyers USA home page  at lawyersusaonline.com for the latest legal news.


    Fees slashed in Volkswagen class action

    June 18th, 2012

    Does it make sense for class counsel to walk away with $6.2 million when all their efforts resulted in a measly $125,000 payout for consumers? A Missouri court decided last week that it didn’t make much sense, either.

    Click here to read the full article, and visit the Lawyers USA home page  at lawyersusaonline.com for the latest legal news.