News
[03/09]
Superintendent accidentally fires gun during class
[03/09]
Park, slain trainer's family want video suppressed
[03/09]
Hoped-for drop in childbirth deaths not happening
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[03/06]
National Pretzel Co. Annouces Precautionary Recall of Honey Mustard Onion Seasoned Pretzels Because of Possible Health Risk
[03/06]
Estrella Family Creamery Recalls Old Apple Tree Tomme Cheese Due to Possible Health Risks
[03/05]
Ed Roller, Inc. Announces Voluntary Recall of Wegmans 9 oz. Food You Feel Good About Medium Seafood Sauce Due to Undeclared Ingredients on Label
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Articles
Personal Injury Due to Animal Bites
Many people are bitten by animals every year. These injuries may be serious; aside from pain, they can cause physical and emotional suffering, infection, other medical complications — sometimes even death. The most common types of bites that we hear about are dog bites. Due to an increasing number of reported bite victims and the public’s response, most states now have “dog bite” statutes that hold the owner responsible if their pet injures someone else. Aside from dogs, these statutes may cover bites from wild animals kept as pets and animals in government parks, such as zoos. The applicable laws and possible claims may vary from state to state, so it is important to discuss your situation with a knowledgeable personal injury attorney to learn more about the legal options in your area.
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What is Commercial Litigation?
Commercial litigation is a broad term used to describe any disputes that arise in a business setting. If the parties cannot settle their dispute on their own, they may turn to litigation to solve their business controversy. The injury suffered may be anything from a business relationship that is beyond repair, to a disagreement during a business transaction that cannot be resolved. Some other examples of types of commercial litigation include disputes over employment issues, business dissolutions, antitrust and antitrade proceedings, corporate fraud claims, breach of contract actions and debt collection issues. This is a sampling of types of claims, the scope of commercial litigation is very broad and can encompass both simple business related disputes and complex transactional matters (and everything in between).
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Case Summaries
[03/09]
Espinosa v. City & County of San Francisco
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 have a reasonable expectation of privacy; 2) the district court properly found that defendants failed to show as a matter of law that the emergency and exigency exceptions to the Fourth Amendment warrant requirement applied; 3) defendants failed to show that there were no questions of fact regarding whether a security guard had apparent authority to consent and implied consent; and 4) the district court did not err in finding that there were genuine issues of fact regarding whether the officers intentionally or recklessly provoked a confrontation.
[03/05]
Bustos v. Martini Club Inc.
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 applied to state law intentional tort claims against a governmental unit and its employees; 2) plaintiff did not allege facts to suggest that the officers who assaulted him misused or abused their official power; and 3) bystander officers had no constitutional duty to prevent the alleged assault.
[03/05]
Howard v. St. Germain
In an appeal from the district court's order assessing attorney's fees against defendants based on their improper removal of the case, the order is affirmed where the district court did not abuse its considerable discretion in taxing costs and attorney's fees to defendants because an objectively reasonable basis for removal did not exist.
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