Benchmarks: Ex-NCAA quarterback can pursue publicity claim against EA Sports 
Published: May 22, 2013
Tags: First Amendment, right of publicity, video games
The First Amendment does not bar the lawsuit of a former Rutgers quarterback who claims that EA Sports used his likeness without permission in the immensely popular “NCAA Football” series of video games.
That’s the conclusion reached Tuesday by the 3rd U.S. Circuit Court of Appeals.
Florida compensation limit for birth injuries constitutional
Published: May 20, 2013
Tags: birth injury, equal protection, medical malpractice
A state tort reform law allowing only a single award of $100,000 to both parents of a child suffering from neurological birth injuries does not violate equal protection, the Florida Supreme Court has ruled in affirming judgment.
Court OKs attorney fees for untimely Vaccine Act claimants
Published: May 20, 2013
Tags: attorney fees, National Childhood Vaccine Injury Act, time-barred, U.S. Supreme Court
WASHINGTON – A vaccine injury victim whose claim is time-barred under the National Childhood Vaccine Injury Act can still recover attorney fees because the claim was reasonable and made in good faith, the U.S. Supreme Court has ruled.
Benchmarks: Mo. court reinstates $28M punitive award for fatal plane crash
By:
Pat Murphy
Published: May 20, 2013
Tags: aviation litigation, product liability, punitive damages
The third time apparently is a charm. After an award of $28 million in punitive damages in a product liability case over a fatal plane crash twice failed to pass judicial scrutiny, a Missouri appellate court sitting en banc decided that the jury had it right in the first place.
State cap on punitive damages constitutional
Published: May 17, 2013
Tags: clergy sex abuse, damages cap, punitive damages
A state law that places a $50,000 cap on a personal injury plaintiff’s punitive damages does not violate the state constitution, the Indiana Supreme Court has ruled in reversing judgment.
Vendor could be liable for crash caused by improperly loaded cargo
Published: May 17, 2013
Tags: automobile accident, distracted driving, superseding cause, vendor liability
A vendor could be liable for a motor vehicle accident that was allegedly caused by the distraction created by cargo that was improperly loaded onto a customer’s vehicle, the California Court of Appeal has ruled in reversing judgment.
HHS proposes tougher child care safety measures
Published: May 17, 2013
Tags: child care, Department of Health and Human Services, federal agencies, safety
WASHINGTON – New proposed regulations would impose stricter safety requirements on child care providers who receive federal funding.
Landowners may have duty to fix ‘open and obvious’ hazards
Published: May 16, 2013
Tags: landlord-tenant, negligence, premises liability, “open and obvious danger” doctrine
The “open and obvious danger” rule does not apply to preclude a finding of negligence in a premises liability action filed by a tenant who was injured when he unsuccessfully attempted to flip into an inflatable pool from a trampoline, Massachusetts’ highest court has ruled in reversing a defense verdict.
Benchmarks: Indiana Supremes restore cap on punitive damages
By:
Pat Murphy
Published: May 16, 2013
Tags: clergy sex abuse, damage caps, punitive damages, right to jury trial, separation of powers
The Indiana Supreme Court has overturned a lower court ruling that the state’s $50,000 cap on punitive damages violated a personal injury plaintiff’s right to a jury trial.
Doctor has no liability for patient’s auto accident
Published: May 15, 2013
Tags: automobile accident, duty of care, negligence
A doctor treating a patient for an inoperable brain tumor did not owe a duty of care to a third party injured when the patient suffered a grand mal seizure while driving, Massachusetts’ highest court has ruled in affirming summary judgment.
