News
[08/01]
Boy, 4, tries to drive to grandma's house, crashes
[07/22]
Woman runs sword into foot during Wiccan ceremony
[07/18]
NY man loses prosthetic leg while skydiving
[07/18]
Fisherman hooks drowning man and reels him in
[07/18]
5,000 gallons of molasses spill on Texas highway
[07/10]
Man sues Tenn. church over spiritual fall
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Articles
Animal Bites
An owner of a pet may be liable for injuries that are caused when the animal bites someone. This area of law commonly concerns dog bites, but in actuality many other types of domesticated animals, such as ferrets and cats, can bite humans, causing injury and potential liability for their masters. This liability will vary greatly from jurisdiction to jurisdiction. Many states have "dog bite" statutes, and many municipalities have their own particular statutes, as well.
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Consumer Fraud Acts
If a merchant or a service provider has cheated you, typical legal claims may not actually address the problem. There are limits to the force of contract and common-law fraud claims. Neither, for example, addresses the situation when a seller makes a misrepresentation without knowing it was false. Many states, in response to this loophole, have enacted statutes creating causes of action for "consumer fraud."
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Case Summaries
[08/07]
Lockerby v. Sierra
In the bankruptcy context, an intentional breach of contract cannot give rise to nondischargeability under 11 U.S.C. section 523(a)(6) unless it is accompanied by conduct that constitutes a tort under state law.
[08/07]
Muhammad v. McCarrell
In an inmate's 42 U.S.C. section 1983 action against a Supermax Unit and several of its officers raising a tort claim for battery and alleging that his Eighth Amendment rights were violated when officers used excessive force to extract him from his cell, judgment pursuant to a jury verdict for defendants is affirmed where: 1) the evidence was sufficient to support the jury verdict; and 2) defense attorney's comments during closing arguments did not unfairly prejudice the jury.
[08/06]
Iko v. Raley
In a survival and wrongful death action brought pursuant to 42 U.S.C. section 1983 following inmate's death after being forcibly removed from his cell by seven correctional officers, defendants' interlocutory appeal from a partial denial of qualified immunity is dismissed in part and affirmed in part where: 1) there was no jurisdiction over one of the three claims presented on appeal because summary judgment was denied on the sole ground that issues of material fact remained; and 2) plaintiffs alleged facts sufficient to show that the officers violated certain of decedent's clearly established Eighth Amendment rights.
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