Two new lawsuits seek to hold over eighty members of a Yale University fraternity vicariously liable for an automobile accident that killed one person and injured two. A fraternity member allegedly lost control of a U-Haul truck and struck several pedestrians outside a football game. The estate of the woman…
The D.C. Circuit Court of Appeals rejected a challenge by the American Tort Reform Association (ATRA) to recent changes made to a federal regulation affecting hazardous materials. The Occupational Safety and Health Administration (OSHA) amended its hazard communication (HazCom) standard in March 2012. ATRA claimed that OSHA overstepped its authority,…
The U.S. District Court for the District of Columbia partly granted and partly denied a motion to dismiss brought by the defendant in a lawsuit alleging failure to supervise a group home resident. Colbert, et al v. District of Columbia, et al, No. 1:13-cv-00531, opinion (D.D.C., Dec. 13, 2013). The…
A whistleblower lawsuit accuses several government contractors of providing material used in bulletproof vests to law enforcement agencies around the country, despite allegedly knowing about defects in the material that caused it to degrade over time and offer reduced protection. The federal government intervened in the lawsuit, and recently obtained…
A DC federal judge granted a plaintiff’s motion for partial summary judgment in a case alleging that two Metropolitan Police Officers used unreasonable and unnecessary force against him. Jenkins v. District of Columbia, et al, opinion (D.D.C., Dec. 18, 2013). One of the defendants pleaded guilty to two counts of…
A case where an individual was harmed as a result of an elevator unexpectedly falling several floors afforded a Virginia federal district court the opportunity to examine the concept of res ipsa loquitur, and whether it applied to the plaintiff’s personal injury claim against two corporate defendants. In the case,…
Earlier this year, the U.S. Supreme Court reached a decision potentially relevant in any lawsuit dealing with medical malpractice committed by doctors within the Armed Forces. The case, Levin v. US, 133 S. Ct. 1224 (2013), dealt with a veteran who suffered injuries as a result of cataract surgery performed…
Many times in personal injury lawsuits involving corporate defendants, an issue will arise as to whether the claim properly belongs in federal or state court. Defendants who maintain offices within different states than where the accident occurred may prefer federal court for many reasons. However, removing a lawsuit to federal…
The Court of Appeals of Maryland, Maryland’s Highest Court, recently handed down a landmark decision in the field of liability waivers and negligence lawsuits concerning injured minors. The case, BJ’S WHOLESALE CLUB, INC. v. Rosen, Md. Ct. App. (2013), dealt with a scenario every parent dreads. In the case, plaintiff…
The U.S. District Court for the District of Columbia handed down a case earlier this year, Johnson v. QUAKER OATS COMPANY, Dist. Court, Dist. of Columbia 2013, in which it reiterated the requirements regarding standing in order to bring a lawsuit. The plaintiff filed a lawsuit against the Quaker Oats…