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June 07, 2006 | Law.com

Bid to Create New Tort Over Pets Fails, For Now

In what he calls "the fight of his life," an Oregon attorney says that he's not giving up on trying to establish a new tort that will allow pet owners to sue over loss of companionship. A judge recently threw out the attorney's loss-of-companionship claim in a pet death case, holding that the claim was not a viable theory under Oregon law. Attorney Geordie Duckler, who is pursuing the case on other grounds, said his tort battle is far from over.
3 minute read
April 24, 2001 | Law.com

Big Tobacco Can't Use 'Pass-On' Defense in RICO Suit

Tobacco companies accused of lying about the dangers of smoking by Empire Blue Cross & Blue Shield of New York cannot claim as a defense that increased health costs have been passed on to consumers, a federal judge ruled. The judge told lawyers that a "pass-on" defense -- minimizing a plaintiff's damages by showing that a third party absorbed the increased cost -- is not available in a fraud action brought under RICO.
5 minute read
April 07, 1999 | Law.com

Scathing Opinion in Smoking Case Sets Precedent

A San Francisco Superior Court judge issued an extraordinary and virtually unprecedented indictment of the tobacco industry Tuesday, even as he halved a recent punitive damage award to a smoker. Denying defendant Philip Morris Cos. Inc.'s request for a new trial, Judge John Munter decided $25 million is a large enough award to deter Philip Morris from similar conduct in the future. A jury hit the company with a combined $51.5 million award in February.
7 minute read
July 27, 2006 | Law.com

Score One for 'Hedonic' Damages

A recent Louisiana Supreme Court ruling brings that state in line with a handful of others that allow plaintiffs to seek separate damages for loss of enjoyment of life, or so-called hedonic damages. The term first appeared about 20 years ago, when economists began using it to refer to certain aspects of an injured person's noneconomic damages. The 6th Circuit, applying Tennessee law, and the 10th Circuit, applying New Mexico law, are among courts that permit separate claims for hedonic damages.
4 minute read
September 12, 2012 | New Jersey Law Journal

Barking Up the Wrong Tree

The N.J. Supreme Court acted in the best interest of pets when it rejected broad, emotion-based damages in pet-injury suits.
4 minute read
August 15, 2008 | New York Law Journal

10 N.Y. Firms Listed as Best for Women

Roughly half of the law students across the country presently involved in on-campus interviews have a personal stake in this question: Exactly which large firms are best for women? Conveniently, the second annual survey by Flex-Time Lawyers and Working Mothers Magazine was released Tuesday, listing the nation's top 50 shops in terms of work-life balance, mentoring opportunities for women, retention of female attorneys and family accommodation.
10 minute read
July 02, 2012 | Daily Business Review

Law & Technology: ABA should update conduct rules in response to technology

The ABA Commission on Ethics 20/20 was formed to, among other goals, adapt the model rules to technology innovations in the practice of law. The commission has proposed amendments that will be voted on.
7 minute read
March 18, 2010 | Corporate Counsel

They Weren't Going to Be Railroaded: Plaintiffs' Lawyers Put Down

Illinois Central Railroad 'smelled a rat in Mississippi,' and with a federal jury finding that plaintiffs' attorneys committed fraud in asbestos claims, the railroad has sent a message: The candy store is closed.
5 minute read
April 02, 1999 | Law.com

Where There's Smoke . . .

Jurors in the largest tobacco case in U.S. history sit in a mostly empty Miami courtroom. The media are nowhere to be found. It's been six months and the trial is far from over. Although this may be the tobacco trial that time forgot, the potential stakes in the class action are enormous. A verdict with millions in damages against the industry could lead to a "domino effect" that would cripple the industry.
11 minute read
October 01, 2003 | Law.com

Jury Service, Reform and Fair Trials

10 minute read

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