Intentional Torts. Legal news and articles for January 24 - 31, 2012

New York's Highest Court Decides Important Martin Act Preemption QuestionPrivacy poachers take big hitTRAVISANO v. BOARD OF CHOSEN FREEHOLDERS FOR UNION COUNTYGOP Ready to Replace ObamaCare After SCOTUS DecisionUnderage Beach Sex Case Heads to State CourtShook, Hardy & Bacon LLP | Product Liability Litigation ReportFamilies of Drivers Killed in Iraq Can't Sue KBRAvoiding Bad FaithCopyright Infringement Letter For Images on Your Website!Tarting up tort on privacyPersonal privacy: Explaining the new right to sueSharkey on Economic Analysis of Punitive DamagesOntario's top court recognizes new privacy tortLONDONO v. CITY OF ELIZABETHWomble Carlyle Sandridge & Rice | Fifth Circuit Upholds Exclusivity of Defense ...

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New York's Highest Court Decides Important Martin Act Preemption Question
Mondaq News Alerts (registration)January 31, 2012

1 The case presented New York's highest court with an opportunity to resolve a significant and unsettled issue in New York securities law—whether the Martin Act, New York's securities statute, preempts private common-law tort claims arising from ...more »

Privacy poachers take big hit
Lawyers WeeklyJanuary 30, 2012

Justice Sharpe justified the appeal court's recognition of a new tort that helps vindicate people's reasonable expectation of privacy as an “incremental” move, reflecting “the capacity of the common law to evolve to respond to the problem posed by the ...more »

TRAVISANO v. BOARD OF CHOSEN FREEHOLDERS FOR UNION COUNTY
Leagle.comJanuary 30, 2012

Plaintiff Robert J. Travisano, a former Union County employee, alleged in this action that he was discriminated and retaliated against based on his age, disability, and political affiliation, asserting violations of the New Jersey Law Against ...more »

GOP Ready to Replace ObamaCare After SCOTUS Decision
Big GovernmentJanuary 29, 2012

The High Court is planning to hold oral arguments on the healthcare law in March. Rep. Joe Pitts (R-Pennsylvania), who serves on the House Energy and Commerce Committee, and chairs its Subcommittee on Health, said that Republicans will be ready for the ...more »

Underage Beach Sex Case Heads to State Court
Courthouse News ServiceJanuary 27, 2012

In August 2010, she filed an 11-count complaint against those men, as well as the county and four local officials for battery, negligent hiring, constitutional violations, conspiracy, intentional infliction of emotional distress and negligent retention ...more »

Shook, Hardy & Bacon LLP | Product Liability Litigation Report
Linex Legal (press release) (registration)January 26, 2012

Behrens added that he had called on the justices not to feel “compelled to take tort law in an unsound direc- tion simply because you're afraid these people will get nothing.” See Daily Journal, January 13, 2012. CASENOTES Seventh Circuit Clarifies ...more »

Families of Drivers Killed in Iraq Can't Sue KBR
Courthouse News ServiceJanuary 26, 2012

Despite this knowledge, the complaint says KBR intentionally misled the drivers about their safety during recruiting and orientation activities. KBR cited the Defense Base Act as grounds to dismiss, noting that the 1941 law provides a uniform federal ...more »

Avoiding Bad Faith
JD Supra (press release)January 26, 2012

B. Bad faith is a fluid concept – defined primarily by court decisions and case law. Examples include 1. undue delay in handling claims; inadequate investigations; refusing to defend a lawsuit or to make a reasonable settlement offer; ...more »

Copyright Infringement Letter For Images on Your Website!
Seattle Post Intelligencer (blog)January 26, 2012

This special coverage, which is included in many business policies is often called “advertising insurance.” Ask your insurance agent if you have such coverage. Finally, if you are uncertain of what steps to take, contact a knowledgeable attorney.more »

Tarting up tort on privacy
National Post (registration)January 25, 2012

The plaintiff has successfully appealed, and the resulting judgment is on its way to torts law textbooks throughout the common law world. Sandra Jones, a customer of Bank of Montreal, sued Winnie Tsige, a bank employee. Ms. Tsige was in a dispute with ...more »

Personal privacy: Explaining the new right to sue
CBC.caJanuary 25, 2012

Last week, the Ontario Court of Appeal broke new ground in the area of privacy law. It made it possible for individuals to sue each other for what it called an "intrusion into seclusion," an element of what most of us would call invasion of privacy.more »

Sharkey on Economic Analysis of Punitive Damages
Law Professor Blogs Network (blog)January 25, 2012

This chapter — to be included in Research Handbook on the Economics of Torts (Arlen ed., Kluwer, forthcoming 2012) — assesses economic rationales for punitive damages in light of contemporary empirics and doctrine. The primary economic rationale for ...more »

Ontario's top court recognizes new privacy tort
Lexology (registration)January 24, 2012

Prior to the Court of Appeal's decision, most Ontario courts had been dismissive of such a tort. Underpinning the Court's decision was the recognition that as technology continues to evolve, so must the common law, to protect against growing threats in ...more »

LONDONO v. CITY OF ELIZABETH
Leagle.comJanuary 24, 2012

Plaintiff Mary Londono appeals from the November 12, 2010 Law Division order granting summary judgment to defendant Roman A. Montes and dismissing plaintiff's intentional tort claims because she did not file notice as required by the Tort Claims Act ...more »

Womble Carlyle Sandridge & Rice | Fifth Circuit Upholds Exclusivity of Defense ...
Linex Legal (press release) (registration)January 24, 2012

The Court held that “the DBA does not carve out from its coverage employees‟ injuries that would otherwise be covered by the Act as injuries resulting from a third party‟s intentional tort when there may be a concurring cause.”13 In a case like this, ...more »

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