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David Horrigan

David Horrigan

December 08, 2008 | National Law Journal

Nonparties cannot appeal sentences

In a legal epilogue to a notorious 2007 shooting spree in which a gunman killed five people in a Salt Lake City shopping mall, the 10th U.S. Circuit Court of Appeals ruled on Dec. 2 that the federal Crime Victims' Rights Act of 2004 did not create a right for a nonparty to appeal a criminal sentence. In doing so, the court rejected an attempt by the parents of one of the shooting victims to appeal the sentence given to the man who sold the gun to the shooter, who was 17 years old at the time of the sale.

By David Horrigan / Special to the National Law Journal

4 minute read

December 15, 2003 | National Law Journal

1st Cir. sustains fatal air bag verdict

Upholding a verdict against Hyundai Motor Co. in the air bag deployment death of an unbelted boy, the 1st U.S. Circuit Court of Appeals held that the trial court did not err when it limited in-trial references to the boy being unbelted and barred evidence that the boy's father had twice been cited for violating New Hampshire's mandatory seat belt for minors law.

By David Horrigan

3 minute read

October 20, 2003 | National Law Journal

'Twas infringement and nothing more

The 4th U.S. Circuit Court of Appeals held that the trial court did not err when it refused to let the jury consider revenue from the sale of certain items bearing the National Football League's Baltimore Ravens' logo designed by Frederick Bouchat, or when it gave the jury its charge.

By David Horrigan

2 minute read

October 13, 2003 | National Law Journal

Abortion malpractice award stands

The 1st Circuit upheld a $625,000 medical malpractice verdict against a Puerto Rican abortion clinic rejecting a claim of judicial bias.

By David Horrigan

3 minute read

February 16, 2009 | National Law Journal

Slip-and-fall case isn't pre-empted

Rejecting an aircraft manufacturer's attempt to avoid liability for an airline's $8 million settlement with a passenger injured on an aircraft's stairs, the 9th U.S. Circuit Court of Appeals held on Feb. 9 that the Federal Aviation Act (FAA) does not pre-empt the passenger's personal injury claim, and thus the airline's indemnification claim against the manufacturer, because aircraft stairs are not "pervasively regulated" by the federal government.

By David Horrigan / Special to the National Law Journal

3 minute read

September 22, 2003 | National Law Journal

Texas court tosses top 1998 verdict

After Soviet �migr� Anatoly Sverdlin alleged investors had swindled him out of patents, a Houston jury awarded approximately $1.5 billion in damages-the nation's largest verdict in 1998. But a Texas appeals court on Sept. 4 threw out the jury's verdict.

By David HorriganSpecial to The National Law Journal

2 minute read

April 18, 2003 | National Law Journal

The flush heard round the courtroom

By David Horrigan

3 minute read

August 08, 2005 | National Law Journal

Lawyers, doctors clash on fee caps

In last November's elections, Florida's lawyers, doctors and insurers engaged in high-stakes politics that resulted in voters approving three constitutional amendments: two regulating physicians and one creating de facto caps on plaintiffs' attorney fees in medical malpractice suits.

By David HorriganSpecial to The National Law Journal

4 minute read

May 16, 2003 | National Law Journal

No retrial over shadow juror's action

The conduct of a shadow juror in a Texas Rezulin trial who asked an actual juror for a cigarette and a quarter didn't get the losing plaintiffs a new trial.

By David Horrigan

3 minute read

May 01, 2002 | Law.com

Compaq Wins $2.7M Fee Award in Copyright Case

In what may be the largest award of attorney fees ever in a copyright case, a federal judge in Houston awarded Compaq Computer more than $2.7 million. U.S. District Judge Melinda Harmon denied a motion to reconsider an earlier decision that Ergonome Inc., an ergonomics training company and publisher, and its two principals pay Compaq attorney fees in a suit claiming Compaq infringed on an Ergonome publication.

By David Horrigan

2 minute read