Sunday, December 10, 2023

Panera faces second wrongful death lawsuit related to its ‘Charged Lemonade’

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 About a week ago I reported that a recently filed lawsuit against Panera Bread Co. alleges it should be liable for the death of a young wom...

Federal Court denies motion to dismiss claim against Amazon for damages caused by product sold by a "third party seller" through Amazon's website

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Two years ago I reported that a California Appellate Court held that Amazon can be liable in products liability for products sold by other v...
Monday, December 4, 2023

Panera Bread Co sued for wrongful death allegedly caused by Panera's highly caffeinated lemonade

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December 4, 2023 Back in 2012-2013 there was a lot of discussion on possible claims for damages caused by "high energy" (read: hig...
Saturday, November 11, 2023

Teacher can sue school district system for injuries suffered when a 6 year old, first grade, student shot her

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In an important, and somewhat surprising, decision, a state judge has ruled that a teacher who was shot by a 6-year-old student in Virginia ...
Friday, November 10, 2023

Passengers sue Alaska Airlines for emotional distress caused by off duty pilot's attempt to shut down an airplane's engines

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Three passengers who claimed to have suffered emotional distress as a result of a recent incident in an Alaska Airlines flight have filed a ...
Friday, October 27, 2023

Alex Jones must pay families of Sandy Hook shooting victims despite bankruptcy -- UPDATED

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October 21, 2023 If you have been following the news about the lawsuit filed by the surviving families of the Sandy Hook school shooting aga...
Sunday, October 22, 2023

The importance of understanding the difference between a wrongful death claim and a survival statute claim

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 Day on Torts is reporting ( here ) on a recent case in Tennessee that reminds us of the importance of the difference between a wrongful dea...
Sunday, September 10, 2023

Idaho joins the modern trend that requires proof of "the case within the case" in legal malpractice cases based on alleged negligence in litigation

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 I have to confess that I assumed that, as part of the analysis of cause in fact, all states required a plaintiff in a legal malpractice cas...
Sunday, September 3, 2023

Rudy, that's not how anything works, Part III: Giuliani found liable for defamation by default

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A few days ago, I posted a story questioning why Rudy Giuliani would concede the main elements of a cause of action for defamation he had be...
Tuesday, August 15, 2023

Illinois statute eliminates ban on punitive damages in death cases

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 Back in May I reported that the Illinois General Assembly was considering a bill that would allow plaintiffs to seek punitive damages in ca...