Showing posts with label Duty. Show all posts
Showing posts with label Duty. Show all posts
Monday, January 10, 2022

Strangely worded opinion in Indiana recognizes cause of action for emotional distress resulting from sexual abuse of a child, ... maybe?

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A few days ago, the TortProf Blog reported that "[t]he Indiana Supreme Court has extended negligent infliction of emotional distress....
Sunday, December 19, 2021

Family members of student victim in the Michigan school shooting sue school district

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The family of Riley Franz, a student who was shot in the neck at Oxford High School last week, is suing the school district and school offic...
Monday, June 21, 2021

Snapchat Ends 'Speed Filter' That Critics Say Encouraged Reckless Driving

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 Last month I reported that the 9th U.S. Circuit Court of Appeals had issued an opinion holding that the parents of a teenager killed in a t...
Monday, May 17, 2021

Court of Appeals for the 9th Circuit recognizes cause of action against Snapchat

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A three-judge panel of the 9th U.S. Circuit Court of Appeals recently decided that the parents of a teenager killed in a traffic accident ca...
Saturday, January 16, 2021

Illinois approves sweeping criminal justice reforms that will have torts consquences

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Last week, the Illinois General Assembly adopted sweeping criminal justice reforms that include the elimination of cash bail and a requirem...
Sunday, October 4, 2020

Cause of action for second hand Covid?

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Back in 2016, there were a number of multi-million dollar verdicts in cases involving second hand exposure to asbestos that addressed the is...
Wednesday, March 18, 2020

Article on possible negligence claims and liability for mishandling of matters related to the coronavirus

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On March 9, 2020, a couple quarantined on the Grand Princess cruise ship, sued Princess Cruise Lines Ltd. after docking in Oakland, CA. This...
Sunday, November 3, 2019

Recent developments on whether colleges and universities have a duty to protect students from harm -- UPDATED

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August Last year I published an article on whether colleges or universities have a duty to protect students from harm ( available here ). ...
Monday, August 26, 2019

Recent Tennessee case holds suicide is a superseding cause

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A couple of days ago I posted a comment about a couple of recent claims based on deaths by suicide.  Sadly suicide is a serious health issue...
Tuesday, August 13, 2019

Utah holds criminal defendant does not have to show actual innocence to support malpractice claim against lawyer

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As you probably know, jurisdiction are divided on the issue of whether a convicted criminal defendant should be required to show actual inno...
Tuesday, July 30, 2019

Should a doctor be subject to liability to non-patients who suffer an injury because of negligence toward a patient?

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Suppose a doctor misdiagnoses a contagious condition on a patient, and the patient then causes an injury to a third person.  Should the thir...
Monday, July 29, 2019

Debate about safety netting around baseball parks continues

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One of the more talked about themes during this baseball season is the increased amount of home runs (and the speculation that it has someth...
Saturday, July 6, 2019

Alaska reiterates its approach to bystander emotional distress claims, which is very different than the one used in most other jurisdictions

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As you probably know, back in 1968 the California Supreme Court created what has now become the majority approach to claims by people who su...
Thursday, January 17, 2019

Lawsuit Blames Sorority Hazing for Athlete's Suicide

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I recently published a short article on two recent cases on whether universities have a "duty to help" students by preventing inju...
Monday, December 24, 2018

Mississippi and Kentucky adopt exoneration requirement for malpractice claims against criminal defense attorneys

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Some jurisdictions have recently abandoned the view that a convicted criminal defendant who wants to recover for malpractice against his or ...
Monday, October 22, 2018

Supreme Court hears oral argument in asbestos case under maritime law

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A couple of weeks ago, the US Supreme Court heard oral arguments in a case that raises basic principles of tort law as related to maritime j...
Tuesday, July 10, 2018

Parents who allowed child to die for religious reasons plead guilty

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A number of years ago, I posted a number of comments on the possibility of imposing civil liability on parents whose refusal to provide medi...
Tuesday, May 8, 2018

Massachusetts and California rule universities have a limited duty to help students because of special relationship

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As readers of this blog know, the general common law did not recognize a duty to help or to control the conduct of others.  However, over ti...
Sunday, April 15, 2018

Iowa Supreme Court finds that proof of exoneration is not necessarily required for a convicted defendant to sue for legal malpractice

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In a many jurisdictions, a convicted criminal defendant who wants to recover for malpractice against his or her former lawyer has to obtain ...
Wednesday, March 21, 2018

Injured Spectator vs The Chicago Cubs; Will This Be the Case That Establishes a New Rule? -- UPDATED

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October 17, 2017 Readers of this blog probably saw the news that a baseball fan has sued the Chicago Cubs seeking compensation for the los...