News
[07/29]
Bear attack in Montana leaves 1 dead, 2 injured
[07/29]
APNewsBreak: Pa. diocese sued in accuser's suicide
[07/29]
Victim settles with NYC utility in steampipe blast
[07/29]
Cargo plane crashes at Alaska base; 4 on board
[07/29]
Rescuer pulls mom, 2 kids from car in Minn. pond
[07/29]
US panel asked to consolidate oil spill lawsuits
[07/29]
Hands-only CPR, pushy dispatchers are lifesavers
[07/28]
DC pushes female condoms to fight HIV epidemic
[07/28]
Ohio woman dies after being hit by police cruiser
[07/28]
Calif. wildfires burn 30-plus homes, threaten 150
[07/28]
Wildfires burn dozens of homes, force evacuations
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Articles
Liability in Child Birth Cases
During childbirth, injuries may occur. Often the injuries are unavoidable, but sometimes they may have been preventable with timely action and the appropriate medical treatment. When preventable injuries are the result of medical negligence, the responsible party or parties may be held legally accountable for the injuries sustained. This may include the doctor who delivered your child, hospital staff members or the hospital itself.
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What is a Class Action Lawsuit?
A class action lawsuit is an action where a group of people all has the same or similar injuries, which were caused by the same defective product, device, contamination, treatment, incident or occurrence. The group of people files one action and each member of the group is a class member of the lawsuit. It is logical and efficient to have only one action for injuries stemming from the same source, against the same defendant. If the plaintiff’s win the lawsuit, the damages will be divided among them in proportion to the injuries each individual has sustained. However, if the defendant wins the case, the class members (plaintiffs) are barred from filing a new claim, as either another class action or an individual action, against the same defendant for the same injuries.
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Case Summaries
[06/22]
Aryeh v. Canon Bus. Solutions, Inc.
In plaintiff's suit brought under the Unfair Competition Law (UCL), on behalf of himself and similarly situated persons who entered into copy rental agreements with defendant and who were overcharged for copies, trial court's judgment sustaining defendant's general demurrer without leave to amend is affirmed as plaintiff's UCL cause of action accrued more than four years before he filed his action, and the continuing violation doctrine does not apply to the circumstances of this case.
[06/21]
Target Corp. v. US
Court of International Trade's affirmance of the U.S. Department of Commerce's final affirmative circumvention determination that petroleum wax candles with 50% or more vegetable wax are later-developed merchandise covered by the anti-dumping duty order on petroleum wax candles from China is affirmed as Commerce's reasonable interpretation of the relevant Congressional statute is entitled to Chevron deference and it's determination rested on substantial evidence.
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[06/25]
Greenspan v. LADT, LLC
In a trust's suit for breach of contract and other claims against two affiliated companies and individuals, trial court's confirmation of an arbitrator's award against defendants in the amount of $6.34 million is affirmed where: 1) per the JAMS rules, the arbitrator, not a court, determines what issues are arbitrable, and here, the arbitrator determined that the issue of joint and several liability was arbitrable; 2) arbitrator's finding of joint and several liability was rationally related to the parties' contract; 3) as to the timeliness of the final award under JAMS rules, the arbitrator's interpretation and application of the rules cannot be judicially reviewed on the merits; and 4) the suit against the arbitrator was barred by arbitral immunity and would not have caused a reasonable person to doubt the arbitrator's impartiality.
[06/25]
Lincoln Nat'l Life Ins., Co. v. Bezich
A petition for permission to appeal, arising from the district court's remand of plaintiff's class action lawsuit against an insurer for breach of contract claims on the basis that CAFA's exception to federal jurisdiction for the action applied, is dismissed for lack of jurisdiction as plaintiff's claim "related to the rights, duties,...and obligations relating to or created by or pursuant to...a security," as defined in the Securities Act of 1933.
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