Judge fines Costa $1.3M for Concordia wreck
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Personal Injury-Wrongful Death
Who is Responsible for Injuries Stemming from a Sexual Assault?
As the victim of a sexual assault, you may have civil claims against more than one party. It depends on the circumstances surrounding the assault. You may have a claim for compensation against the assailant, the assailant’s employer or another individual. The injured party (male or female) may have a personal injury claim for damages sustained as a result of suffering a sexual assault. To prove a personal injury claim, the victim must show he or she was sexually assaulted by the defendant (assailant) and was injured as a result (physically or emotionally injured). It must also be shown that the defendant caused the plaintiff’s injuries, either intentionally or due to negligence.
Wrongful Death Actions
Wrongful death claims are actions for damages stemming from a decedent’s death due to the negligent action or omission of another. The deceased person’s surviving relatives may bring a wrongful death suit seeking monetary damages to compensate for the loss of their loved one. Family members may also bring additional claims, depending on the circumstances, for elements such as loss of companionship. Each jurisdiction has its own statute regarding wrongful death claims, and those rules may differ from state to state. For this reason, it is important to speak to an attorney in your jurisdiction who is knowledgeable in wrongful death actions to learn about the laws in your state.
Injury & Tort Law
Institution of Cetacean Research v. Sea Shepherd Conservation Society
In suit brought under the Alien Tort Statute, by Japanese researchers who hunt whales alleging piracy against defendants, orders denying injunction and dismissing piracy claims are reversed and remanded, where the district court: 1) erred in dismissing plaintiff's piracy claims because the activities that plaintiff alleges defendant has engaged in are clear instances of violent acts for private ends, the very embodiment of piracy; 2) abused its discretion in denying the injunction because a) plaintiff is likely to succeed on the merits, b) defendant's dangerous acts if committed often enough, will inevitably lead to harm, which could easily be irreparable, c) the balance of equities favors plaintiff, and d) there is a strong public interest in the health of the marine ecosystem and the safety of international waterways; and 3) abused its discretion in denying the injunction based on unclean hands. (Amended opinion)
VRCompliance LLC v. Homeaway, Inc.
The district court did not abuse its discretion in staying plaintiffs' action seeking declaratory relief that it was not committing violations asserted by defendants in an earlier filed state law action, pending the resolution of the earlier parallel state lawsuit filed by defendants, where plaintiffs had every opportunity to procure a federal forum by removing defendants' first filed state suit rather than by bringing a separate federal action in an entirely separate federal district.
Painter's Mill Grille, LLC v. Brown
The district court properly dismissed plaintiffs' complaint alleging that defendant-landlord and its agents, motivated by racial animus, interfered with plaintiffs' business and its opportunity to sell the restaurant, including its leasehold interest, in violation of federal statutes and state tort principles, where: 1) plaintiff principals do not have standing because they elected to conduct their business through a limited liability company; and 2) plaintiff company did not set forth sufficient facts to state a claim to relief that is plausible on its face, for any of its causes of action.
Ronay Family L.P. v. Tweed
Order denying defendants' petition to compel arbitration of plaintiff's claims for damages related to defendant's provision of advice concerning plaintiff's purchase of investments offered by CapWest Securities, Inc., is reversed and remanded, where: 1) defendants may enforce the arbitration clause of the account agreement between plaintiff and CapWest as agents or third party beneficiaries; 2) even though CapWest became defunct and under FINRA Rule 12202 lost its right to enforce the arbitration clause, defendants nevertheless retained their rights to do so; and 3) the matter is remanded to the trial court for further consideration of plaintiff's argument that the trial court has discretion to deny the motion under Code of Civil Procedure section 1281.2(c) .