Intentional Torts. Legal news and articles for December 15 - 30, 2011

No Occurrence When Insured's Deliberate Act Results in Highly Probable InjuryMacPHERSON v. JPMORGAN CHASE BANK, N.A.GEESLIN v. BRYANTStrange Tale of Billions in US BondsWIDICAN v. BRIDGESTONE/FIRESTONE N. AM. TIRE L.L.C.Negligence and Motor Vehicle Accidents in New JerseyPresumption-of-Adequacy Defense Is Clarified and ReinforcedGalloway clerk, on the job months, get sworn in after man discovers she never ...Success in Prosecuting a Bankruptcy Non-Dischargeability ProceedingDon't get burned! The cat's paw theory of discriminatory firingDoes insurance policy trump state cap in Zauflik verdict?Cincinnati-Xavier: Why Bench-Clearing Brawls Are Rarely Criminally ProsecutedPennsbury files paperwork to reduce $14 million verdictDenying HIV Care May Leave Agency LiableWest Virginia ranks No. 3 on Judicial Hellhole list

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Legal Brief: No strict liability for resellers of personal info
Thomson Reuters News & InsightDecember 5, 2011

Gordon claimed that all defendants violated the DPPA, and he also made a tort claim and an intentional infliction of emotional distress claim against Leifer. Gordon alleged that Leifer used the DMV information to obtain telephone numbers that he used ...more »

Intentional Torts. News and Stories

No Occurrence When Insured's Deliberate Act Results in Highly Probable Injury
JD Supra (press release)December 30, 2011

28, 2011), the US Court of Appeals for the Fifth Circuit, applying an objective standard, held that there was no "occurrence" under a commercial umbrella liability policy when an insured's deliberate actions were "highly probable" to result in the ...more »

MacPHERSON v. JPMORGAN CHASE BANK, N.A.
Leagle.comDecember 26, 2011

States District Court for the District of Connecticut (Thompson, J.), dismissing his state common law tort claims against JPMorgan Chase Bank, NA Because we agree that the Fair Credit Reporting Act ("FCRA"), 15 USC § 1681t(b)(1)(F), ...more »

GEESLIN v. BRYANT
Leagle.comDecember 23, 2011

This is a diversity case in which the plaintiff, Bill Geeslin, brought Tennessee state law tort claims of assault, battery, and intentional infliction of emotional distress against professional basketball player Kobe Bryant. Finding no evidence of the ...more »

Strange Tale of Billions in US Bonds
Courthouse News ServiceDecember 23, 2011

He contacted that agency in mid-2008, then met with two Secret Service agents at his then-lawyer's Houston law office, according to his complaint. The agents referred him to an official at the Bureau of Public Debt (BPD), but when Riad contacted BPD ...more »

WIDICAN v. BRIDGESTONE/FIRESTONE N. AM. TIRE L.L.C.
Leagle.comDecember 22, 2011

In 2008, Mr. Widican filed a complaint sounding in employer intentional tort against Firestone. His wife Otilla alleged a claim for loss of consortium. Eventually, an executor and guardian were substituted for the Widicans upon Eugene's death and ...more »

Negligence and Motor Vehicle Accidents in New Jersey
DigitalJournal.com (press release)December 22, 2011

Under New Jersey law, the right to sue for certain types of damages is limited by what type of tort option coverage a person chooses to purchase. The two options are a limitation on lawsuit (also called a verbal threshold) option and no limitation on ...more »

Presumption-of-Adequacy Defense Is Clarified and Reinforced
JD Supra (press release)December 20, 2011

Nevertheless, Bailey does not signal an end of all pharmaceutical products liability litigation in New Jersey. The court went to great lengths to distinguish the case from McDarby, noting that the FDA had been actively involved in the labeling and ...more »

Galloway clerk, on the job months, get sworn in after man discovers she never ...
Press of Atlantic CityDecember 20, 2011

Tilton has since filed two $3 million tort claims against township officials relating to alleged breaches of her settlement agreement. According to state law, any person appointed or elected to office must be sworn in. The municipal clerk not only ...more »

Success in Prosecuting a Bankruptcy Non-Dischargeability Proceeding
Metropolitan News-EnterpriseDecember 19, 2011

Does bankruptcy imbue the default judgment with intrinsic value, or render the paper judgment worthless? What If the Claim Can Support The Non-dischargeability Of The Debt? Bankruptcy Code § 523(a) enables a creditor to file suit in bankruptcy court ...more »

Don't get burned! The cat's paw theory of discriminatory firing
Business Management DailyDecember 18, 2011

by Sanrdo Polledri on December 18, 2011 1:00am Under what's called the Cat's Paw Theory, employers can't defend themselves against employment discrimination claims by saying they didn't know a supervisor was biased. The theory was first introduced in ...more »

Does insurance policy trump state cap in Zauflik verdict?
phillyBurbs.comDecember 18, 2011

Under most school district insurance policies, the carrier -- not the school district -- has complete control over litigation, including assigning lawyers and deciding whether to offer a settlement, PSBA's Stuart Knade said. The recent discovery that ...more »

Cincinnati-Xavier: Why Bench-Clearing Brawls Are Rarely Criminally Prosecuted
Bleacher ReportDecember 16, 2011

However, this tort law principle of volenti non fit injuria does not extend to a one-sided fight taking place during a basketball game—unless both sides are participants in the brawl, as in hockey. Volenti non fit injuria translates from Latin to ...more »

Pennsbury files paperwork to reduce $14 million verdict
phillyBurbs.comDecember 16, 2011

An excess liability policy is taken out each year "to protect school district assets and Pennsbury taxpayers from liability claims outside the scope of the enumerated acts covered by the Political Subdivision Tort Claims Act," the school board said in ...more »

Denying HIV Care May Leave Agency Liable
Courthouse News ServiceDecember 15, 2011

They also supported their claim for intentional infliction of emotional distress, which is only possible under the act where the US would be liable under state law if it were a private person. Breyer said the detainees had meet that burden under ...more »

West Virginia ranks No. 3 on Judicial Hellhole list
State JournalDecember 15, 2011

By Andrea Lannom - email Although West Virginia ranked near the top of the American Tort Reform Foundation's Judicial Hellhole list, the report highlighted positive steps the state is making to improve its judicial climate. ...more »

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