(U.S. 9th Cir., Civil Rights, Constitutional Law, Criminal Law & Procedure, Government Law, Injury And Tort Law) In a 42 U.S.C. section 1983 action claiming excessive force by defendants-officers, denial of summary judgment based on qualified immunity is affirmed where: 1) defendants failed to show as a matter of law that plaintiff’s decedent did not [...]
(U.S. 5th Cir., Civil Procedure, Civil Rights, Criminal Law & Procedure, Government Law, Injury And Tort Law) In a 42 U.S.C. section 1983 action based on a late-night confrontation with several off-duty police officers, dismissal of the action is affirmed where: 1) the election of remedies provisions in Tex. Civ. Prac. & Rem. Code 101.106 [...]
(U.S. 4th Cir., Civil Rights, Constitutional Law, Family Law, Government Law, Injury And Tort Law) In a 42 U.S.C. section 1983 action brought by a minor child and her adoptive parents against defendant, an Adoption Specialist with the South Carolina Department of Social Services (SCDSS), alleging violations of their substantive due process rights under the [...]
(Fla., Civil Procedure, Health Law, Injury And Tort Law, Professional Malpractice) In plaintiff’s medical malpractice suit against defendant plastic surgeon arising out of negligence in connection with an elective surgical procedure for breast reconstruction, the judgment of the Second District Court of Appeal is quashed and remanded as the district court erred in reversing for [...]
(Del., Corp. Governance, Corporation & Enterprise Law, Ethics & Professional Responsibility, Injury And Tort Law) In a shareholder derivative action brought on behalf of AIG for breach of fiduciary duty against PricewaterhouseCoopers under New York law, the Delaware Supreme Court certifies the following question to the New York Court of Appeals: Would the doctrine [...]
(Del., Corp. Governance, Corporation & Enterprise Law, Ethics & Professional Responsibility, Injury And Tort Law) In a shareholder derivative action brought on behalf of AIG for breach of fiduciary duty against PricewaterhouseCoopers under New York law, the Delaware Supreme Court certifies the following question to the New York Court of Appeals: Would the doctrine [...]
(U.S. 6th Cir., Civil Rights, Constitutional Law, Criminal Law & Procedure, Government Law, Injury And Tort Law) In plaintiff’s 42 U.S.C. section 1983 against a police officer, district court’s judgment is affirmed in part, reversed in part and remanded where: 1) no reasonable jury could find that defendant violated the Fourth Amendment either by [...]
(U.S. 6th Cir., Civil Rights, Constitutional Law, Criminal Law & Procedure, Government Law, Injury And Tort Law) In plaintiff’s 42 U.S.C. section 1983 against a police officer, district court’s judgment is affirmed in part, reversed in part and remanded where: 1) no reasonable jury could find that defendant violated the Fourth Amendment either by [...]
(U.S. 8th Cir., Drugs & Biotech, Evidence, Injury And Tort Law, Manufacturing, Product Liability) In a failure-to-warn case involving the prescription drug Baycol, a cholesterol-reducing medication, summary judgment for defendant is affirmed where: 1) an expert relied upon by plaintiff to prove causation had inadequate factual evidence on which to base his opinion; and 2) [...]
(U.S. 6th Cir., Civil Procedure, Injury And Tort Law, Labor & Employment Law) In a suit brought by past and present Wal-Mart employees and their spouses, claiming injuries caused by exposure to carbon monoxide gas in the enclosed freezer section of a Wal-Mart Distribution Center during a two-week period in late 2005, dismissal of a [...]