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Law.com

Federal Judge OKs Suit Over Pressure Cooker Injury, Finding Warranty Disclaimer Was Buried in 'Busy and Colorful Owner's Manual'

"The 'Warranty' entry … is not at all distinct from other entries such as 'poultry'" in the owner's manual, the judge wrote, allowing claims to proceed against manufacturer NuWave.
4 minute read

Texas Lawyer

Wrong Jury Instructions: Flight Attendant Seeks New Trial Against American Airlines in Sexual-Assault Case

Sexual assaults that occur in hotels, motels, on cruise ships and in apartment complexes are generally treated in civil courts as security litigation. The property owners can be sued for breaching their duty of care. These are generally negligence-based personal injury lawsuits.
4 minute read

Law.com

Federal Judge OKs Physician's Emotional Distress Claim Against Ex-Girlfriend for Allegedly False Abuse Accusations

A federal judge has allowed a physician's claim for intentional infliction of emotional distress to go forward against a former girlfriend who allegedly made false accusations that the doctor stalked and assaulted her, resulting in criminal charges against him.
5 minute read

Law.com

Judge Affirms Back Pay Award, Rejecting Argument That Plaintiff Would Have Been Laid Off During Pandemic

The court found the employer's arguments were "speculative and not supported by evidence."
4 minute read

Connecticut Law Tribune

CT High Court Sides With Landlord On Restaurant's Rent Obligations Despite COVID-19 Shutdown

The Connecticut Supreme Court joined the ever-growing list of courts weighing in on COVID-19-related litigation. But it may be the first state high court in the country to determine that shutdown orders did not relieve restaurant owners from paying rent.
4 minute read

New York Law Journal

The Force Majeure Awakens

This article provides a look at the roots of the force majeure doctrine, leading up to the recent Second Circuit decision 'JN Contemporary Art v. Phillips Auctioneers', where the court "remains steadfast to the basic maxim that a force majeure clause is only as efficacious as its exact text."
9 minute read

Corporate Counsel

Appian's General Counsel on Suing Rival Pegasystems, Winning $2 Billion Verdict

"The important thing here is you can't ever regret protecting the rights of your company. That's not something you should hesitate about. If the conduct is serious, you have to pursue it," said Appian GC Christopher Winters.
3 minute read

Daily Business Review

Dispute Over 'Illegible' Lease Agreement Demonstrates Pitfalls of Remote Court Proceedings

An Okaloosa County judge's difficulty in deciphering an electronically filed exhibit following a virtual trial led to a protracted appellate court battle regarding the legibility of the document.
5 minute read

Law.com

Plaintiff Ordered to Undergo Rule 35 Examination to Determine Whether Workplace Injuries Are 'Exaggerated, Amplified, or Owed to Malingering'

A federal judge sided with a Maryland contractor in its request to order a plaintiff to undergo a neuropsychological examination to assess whether her subjective complaints are exaggerated or caused by an underlying psychological condition following a workplace accident.
6 minute read

Connecticut Law Tribune

Appellate Court: Medical Office Liable for Violating Patient Privacy Rights by Sending Unapproved Records to Probate Court

"This ground-breaking decision sends a clear message to all health care providers—not just medical offices—to understand their obligations and responsibilities when it comes to HIPAA regulations," plaintiffs counsel Bruce L. Elstein said.
6 minute read

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