Following the catastrophic explosion at a fertilizer distribution and storage plant in Texas last month, in which the building caught fire and then exploded as firefighters were attempting to douse the flames, several individuals have begun to file personal injury lawsuits. The total extent of damage done remains unknown, though…
Articles Posted in Personal Injury
Federal Court Hears Oral Argument on NFL Concussion Litigation Motion to Dismiss
Oral arguments were heard in a federal district court in Pennsylvania earlier this month over the motion to dismiss filed by the National Football League regarding concussion injury litigation. Plaintiffs contend that for many decades, the National Football League has withheld information on purpose and misstated the potential harm and…
D.C. Considering Requirement for Gun Owners to Purchase Liability Insurance
D.C. Lawmakers introduced legislation earlier this week which would require gun owners to maintain insurance policies of at least$250,000. The policies would be in place for gunshot victims, in order to help pay for any potential medical costs, and also to promote gun safety. The bill is intended to cover,…
City Argues the Police Had No Affirmative Duty to Assist Civilian Who Stopped Spree Killer, Suffered Injury in the Process
Police had no duty to assist or protect a civilian who risked his life to stop a killer on a New York subway car, according to the defendant’s arguments in Lozito v. City of New York. The plaintiff sued the city and the NYPD after a suspect wanted for several…
State “Loser Pays” Laws Could Seriously Impact Rights of Injury Victims
The campaign by some people, businesses, and organizations to crack down on perceived abuse of the court system, largely in the area of personal injury litigation, is commonly known as “tort reform.” It has resulted in various laws at the state and federal level that set caps on damages for…
Federal Tort Claims Act Requires a Clear Allegation Against a Federal Employee or Agency, DC Court Rules: Moorman v. United States
A U.S. District Court in Washington DC dismissed a lawsuit brought under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346, 2671 et seq., against the federal government and other government entities. The plaintiff in Moorman v. United States asserted causes of action for premises liability, but did not…
Washington DC Court Reviews Venue and Personal Jurisdiction in a Case Alleging a Defective Medical Device: Marshall v. I-Flow, LLC
A medical device manufacturer moved for dismissal of a lawsuit, Marshall v. I-Flow, LLC, in a Washington DC court, arguing that the court lacked personal jurisdiction over it or, alternatively, that the venue was not proper. The plaintiff had undergone surgery in upstate New York and alleged injuries caused by…
Washington DC Workers’ Compensation Act Applied in Intentional Tort Case: Fonseca v. Salminen
A federal district court in Washington DC ruled in Fonseca v. Salminen that the District of Columbia Workers’ Compensation Act (WCA) precludes a lawsuit arising from a workplace assault. While some intentional torts perpetrated by an employer against an employee are not subject to the WCA, the court found that…
Washington DC District Court Enters Judgments Against Iran in Two Cases Brought Under the Foreign Sovereign Immunity Act
The U.S. District Court for the District of Columbia recently entered judgments in several lawsuits against the Islamic Republic of Iran and the Iranian Ministry of Information and Security (MOIS). The plaintiffs were victims of the 1983 U.S. Marine barracks bombing in Beirut, Lebanon, in which the government of Iran…
Washington DC Court of Appeals Affirms Summary Judgment in Favor of Hospital in Medical Malpractice Case, Based on Statute of Limitations
The District of Columbia Court of Appeals affirmed summary judgment in favor of the defendants in a medical malpractice lawsuit. The court based its decision in Atiba v. Washington Hospital Center, et al on a missed deadline under both DC’s statute of limitations and notice requirements for medical malpractice claims.…