Benchmarks: ‘Sleep driving’ defense allowed in DUI case 
By:
Pat Murphy
Published: June 7, 2013
Tags: driving under the influence, drunk driving, DUI, sleep driving, sleep walking
An Oregon man has had his felony drunk driving conviction overturned on the ground that he was improperly barred from presenting a “sleep driving” defense at trial.
Benchmarks: EA Sports ruling a game-changer for NCAA athletes
By:
Pat Murphy
Published: June 4, 2013
Tags: First Amendment, right of publicity, video games
A federal court ruling last month looks to be the breakthrough long sought by college athletes who claim they deserve a share of the hundreds of millions of dollars generated by their performances on NCAA football fields and basketball courts.
Benchmarks: State Farm must defend drunk homeowner
By:
Pat Murphy
Published: May 31, 2013
Tags: duty to defend, duty to indemnify, homeowners insurance, intentional injury exclusion, negligence
A Pennsylvania court ruled earlier this month that State Farm had a duty to defend a 71-year-old homeowner sued for shooting a houseguest he mistook for an intruder.
The Pennsylvania Superior Court concluded that the fact the homeowner, James DeCoster, had a blood alcohol level of .187 when he pulled the trigger may mean that an intentional injury exclusion in State Farm’s policy does not bar coverage of the lawsuit.
Benchmarks: Litigation privilege barred attorney fraud claims
By:
Pat Murphy
Published: May 29, 2013
Tags: absolute immunity, attorneys, fraud, intentional infliction of emotional distress, litigation privilege
Five Connecticut divorce lawyers have convinced the state’s high court that they enjoyed absolutely immunity when sued for fraudulently concealing the assets of a client.
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.
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.
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.
Benchmarks: Coca-Cola could require employee to undergo mental exam
By:
Pat Murphy
Published: May 13, 2013
Tags: ADA, AMERICANS WITH DISABILITIES ACT, medical exam, mental examination, workplace safety
A federal court of appeals has decided that Coca-Cola didn’t violate the Americans with Disabilities Act when it required an employee to undergo a psychiatric fitness-for-duty evaluation.
Benchmarks: YouTube video sinks defense in child murder case
By:
Pat Murphy
Published: May 8, 2013
Tags: child abuse, murder, video evidence, YouTube
A Delaware man accused of murdering his infant daughter wanted jurors to believe that he was absolutely devastated by what he claimed was a tragic accident.
Unfortunately, the “grieving” father made the mistake of posting a video on YouTube showing him yukking it up as a participant in a silly radio contest.
Benchmarks: Ohio ruling on text solicitations draws mixed reviews
Published: May 7, 2013
Tags: lawyer advertising, text messaging
Last month, Ohio became the first state to give the green light to lawyers sending text messages to solicit prospective clients.
But at least one expert says it makes no sense to treat text message advertisements differently from a lawyer making a direct phone call solicitation, which is universally deemed a violation of professional rules of conduct.
