Interpreting 'risk' in the Massachusetts data protection law Nov 19, 2009
Without legal training, it will be difficult for security professionals to know how the courts, regulators and potential plaintiff's attorneys will interpret and apply the regulation ... One problem with the term is that it focuses on technical aspects rather than "cost feasibility" or "business feasibility." A regulator or plaintiff's attorney could argue that practically anything is technically feasible without taking price into account or potential disruptions or problems with business... (Search Security, MA)
Do We Have a Winner? Nov 10, 2009
According to the plaintiff's attorney, the doctor should have ignored the evidence-based national guidelines and not even have given the patient the choice to refuse the test. Is there a better way for malpractice compensation to work. (Slate)
Murder victim's family sues Lovell Nov 5, 2009
The plaintiff's attorney, Joey Darrah, of Powell, declined to comment. Posted in on Thursday, November 5, 2009 12:00 am Updated: 9:01 pm. (Casper Star-Tribune, WY)
Settlement reached in Kaloko Dam lawsuits Oct 31, 2009
"This is a very important case for those who lost loved ones," plaintiff's attorney Terry Tico said outside the courtroom. "Their lives were uprooted and this finally brings closure to their lives over this tragedy.". (Honolulu Advertiser)
Con man at center of MT jail deal says he's broke (30) Oct 31, 2009
But Hilton testified Friday he has no money, no employment, no one working for him and is four months behind on his rent, Cris Armenta, the plaintiff's attorney, told The Associated Press on Friday. Rick Earnhart, the plaintiff, said he lost more than 175,000 in two schemes perpetrated by Hilton in the 1990s. (Montana Standard, MT)
Diocese pays $1.2 million in sex-abuse case Oct 24, 2009
The settlement announced by the Diocese of Belleville and confirmed by the plaintiff's attorney followed negotiations worked out last week. Court papers only list the plaintiff as "John Doe." His lawsuit stems from alleged abuse by the Rev. Raymond Kownacki of Dupo at St. Theresa's Parish in Salem, the Belleville News-Democrat reported. (MSNBC -- Crime)
EEOC complaint resolved for New Mexico coach Oct 13, 2009
According to a plaintiff's attorney, Locksley told Sylvia Lopez she was too old to be attractive to recruits, prompting the 25-year university employee to file an Equal Employment Opportunity Commission complaint against the coach in April. It alleged age discrimination, retaliation and, according to comments attributed to Lopez's attorney, Whitney Warner, sexual harassment. (ESPN -- College Football)
Hispanic farmers claim discrimination Oct 2, 2009
Stop Discrimination' T-shirtsThe court has scheduled an Oct. 13 meeting to determine whether progress has been made in settling the lawsuit, said plaintiff's attorney Stephen Hill. The suit, filed in 2000, seeks to end what Hispanic farmers claim is rampant discrimination in the administration of USDA loan programs. (MSNBC -- Race)
Plaintiff in Ochsner lawsuit asks to restrict hospital's talks with other in vitro patients Oct 2, 2009
The plaintiff's attorney, Kara Samuels, said those conversations should be restricted or at least involve attorneys. In a statement, Ochsner said "the motion infringes on the patient physician relationship which is protected under law" and "lacks a factual basis for any improper communication.". (WWLTV.com, LA)
Prayer debate continues as council prepares to vote (3) Sep 30, 2009
But Schwabauer said he does not recommend adopting the model policy because it would have to be adopted verbatim and the offer does not cover indemnity, which is the court-required cost of paying the plaintiff's attorney fees if the city loses. Also, the city would have to hand over its legal strategy to the fund, Schwabauer said. (Lodi News Sentinel, CA)
Jury rules in favor of company in toxic trailer trial Sep 25, 2009
Attorneys for the companies declined comment on what is being considered a win, while plaintiff's attorney Frank D'Amico expressed disappointment in what he considers a complex case. "Because this was the first trial we were not allowed to do destructive testing for this trailer. I think that confused jurors in that they didn't understand all of the component parts in the trailer emitted formaldehyde," he said. (WWLTV.com, LA)
Court docs: Mahony delayed report of alleged abuse Sep 19, 2009
Plaintiff's attorney John Manly says the archdiocese did not notify police of the claims against Baker until 2002. Two archdiocese attorneys and an archdiocese spokesman did not immediately return calls after business hours. (Fresno Bee -- State)
Former Kentucky lawmaker charged with murder Sep 15, 2009
Michael Avenatti, the lead plaintiff's attorney, says some bodies were lost. Report: Gillispie says he checked into rehab. (Fresno Bee -- Nation)
Lawsuit: SoCal cemetery disturbed grave sites Sep 15, 2009
Michael Avenatti, the lead plaintiff's attorney, says some bodies were lost. A cemetery manager referred questions to corporate headquarters in Houston, where a spokeswoman for SCI denied the charges. (Fresno Bee -- State)
Roethlisberger accuser files a rebuttal Sep 10, 2009
He also said he would pursue sanctions against the plaintiff's attorney, Calvin R.X. Dunlap ... The plaintiff's attorney had offered to drop the lawsuit if Mr. Roethlisberger admitted assaulting the plaintiff, wrote a letter of apology, and made a $100,000 donation to a Reno group that aids abused women. (Pittsburgh Post-Gazette, PA -- Sports)
Attorney Joe Neal Jr. advocates right to trial Sep 7, 2009
He says he believes his work as a plaintiff's attorney is a continuation of the work he did as a prosecutor: defending victims and giving them a voice ... A civil plaintiff's attorney works on a contingency fee basis. (The Augusta Chronicle)
Fines unlikely to end off-label drug marketing Sep 5, 2009
A plaintiff's attorney in a civil case over the drug has estimated that Pfizer made about $10 billion in Neurontin sales for unapproved uses from 1999 to 2004. Not just PfizerBut Pfizer by no means corners the market on off-label marketing fines. (MSNBC -- Health)
Chevron vs. Ecuador: The Battle Heats Up Sep 3, 2009
According to the plaintiff's attorney, there were 916 sites, and Texaco "touched" only 16% of them. The case has been closely watched because of both the potential size of the verdict and precedents it might set for U.S. companies facing legal battles overseas. (BusinessWeek)
Jury awards baby $7.3M in malpractice suit Aug 29, 2009
Plaintiff's attorney Diane Corwin says the award will be placed in a trust for Campen's past and future medical care. Corwin represented Campen along with co-counsel John F. Denove. (San Francisco Chronicle)
State trooper's attorney files to dismiss lawsuit Aug 27, 2009
Further, he said that well-known plaintiff's attorney Geoffrey N. Fieger, who represents Mr. Haniotakis' mother, Diane Zion, failed to include in his complaint relevant details about the police chase and Mr. Haniotakis' level of intoxication that night. The autopsy report showed that Mr. Haniotakis had a blood alcohol level of. (Pittsburgh Post-Gazette, PA)
• Jury finds agency, DuPont negligent in land caseChemical company vows to appeal Aug 26, 2009
Plaintiff's attorney Steven Andersen said the verdict settles the fundamental legal issues of the case and clears the way for the damage phase. The farmers allege they lost millions of dollars worth of crops from 2000-04 because the broad spectrum herbicide either killed plants or made land barren. (Burley South Idaho Press, ID)
Jury Awards Punitive Damages to Smoker's Daughter Aug 25, 2009
Plaintiff's attorney Michael Piuze said the jury's verdict amounted to a "slap on the wrist for Philip Morris.". "I liked it better when it was $28 billion," said Piuze, who represented Betty Bullock after she filed the lawsuit. (ABC News -- Wire)
Silly, Baseless Lawsuits Aug 22, 2009
After casually reading the complaint, you want to step into the shoes of Judge Judy or one of her irascible TV counterparts, and shake the plaintiff's attorney by his lapels and tell him, as he passionately goes through his advocacy paces, to "Just Shut Up!" -- to take his piece of drivel to a prime time appellate show and "let them deal with your client's lunacy." No one gets to dish out comeuppance like Judge Judy ... In court before the robed judge, plaintiff's attorney presumably argued, as... (Law.com)
Notice of Sale Aug 13, 2009
For information, contact Plaintiff's attorney: FREEDMAN, ANSELMO, LINDBERG & RAPPE, LLC , 1807 W. DIEHL ROAD, SUITE 333, NAPERVILLE, IL 60563, (630) 983-0770 ... NOTE: Pursuant to the Fair Debt Collection Practices Act, you are advised that Plaintiff's attorney is deemed to be a debt collector attempting to collect a debt and any information obtained will be used for that purpose. (Princeton Bureau County Republican, IL)
Palin's gone but her e-mail and gift issues live on Aug 5, 2009
Assistant Attorney General Michael Mitchell, left, listens to plaintiff's attorney Don Mitchell as he represents Andree McLeod in her public records lawsuit against former Gov. Sarah Palin's administration during oral arguments in an Anchorage courtroom Aug. 4, 2009. Related Links. (Anchorage Daily News)
For Want of a Fax: Insurer, Agency Hit With $1 Million Jury Verdict Aug 4, 2009
A tangled case stemming from what the plaintiff's attorney called a "simple failure to send a fax or e-mail" by an insurance agency has cost the agency, along with the insurance company whose policy it sold, more than $1 million, including $400,000 in attorney fees. An attorney for Pacific Insurance Co. said it will appeal the $881,000 portion of the judgment it was ordered to pay to the plaintiff, Regency Savings Bank. (Law.com)
Lawyers find credibility vital in sexual assault cases Jul 25, 2009
In a civil setting, the plaintiff's attorney is an advocate, working strictly for the victim. Lisae C. Jordan, the director of the Sexual Assault Legal Institute in Maryland, doesn't think a victim's choice to not go to police is indicative of how strong her civil case might be. (Pittsburgh Post-Gazette, PA -- Sports)
Multiple defendants called good strategy Jul 25, 2009
George Bochanis, a long-time plaintiff's attorney in Las Vegas, said there's a good reason why the woman did not name the Harrah's hotel chain. Under state law in Nevada, a person is precluded from suing her employer unless she can show there was specific intent to injure. (Pittsburgh Post-Gazette, PA -- Sports)
Student’s suit alleges assault Jul 18, 2009
This usually indicates that the plaintiff's attorney knew that if he really got into specifics of the case that the judge might throw it out before it ever got to a jury ... " Raven6 wrote on Jul 18, 2009 1:49 AM:" No one is barred from bringing a case that has merit, as the plaintiff's attorney would take any merit-holding case seeking compensatory and punitive damages on a contingency basis ... As it is right now, the plaintiff's attorney is gettin paid by the plaintiff to work an unwinnable... (Columbia Daily Herald, TN)
All's Wells On Both Sides Of Florida Mortgage Suit Jul 15, 2009
But it denied all the other claims that the bank made against itself through the plaintiff's attorney. More motions are on their way for a decision, but it's not clear if Wells Fargo --under CEO John Stumpf -- will label the case a win or a loss. (New York Post -- Business)
Company Seeks $4.65 Billion From Banks It Alleges Backed Out of Merger Deal Jun 6, 2009
The plaintiff's attorney Robin Gibbs, a partner in Gibbs & Bruns in Houston, alleges the banks failed to fund the deal because the credit markets turned bad in 2008. "They decided they would take great losses if they decided to fund these loans," he alleges. (Law.com)
5 officers sue Burbank police for discrimination May 30, 2009
Plaintiff's attorney Solomon Gresen said the Police Department "is run as an insider's club where if you aren't white, male and heterosexual you had better keep your mouth shut and play along with the bigots or suffer the consequences.". The plaintiffs said they were regularly exposed to slurs such as "beaner," "towel head" and other objectionable language. (Fresno Bee -- State)
NewAttorney in 2007 tuberculosis scare sues CDC May 1, 2009
Speaker, a plaintiff's attorney, was in Europe for his wedding and honeymoon when he learned tests showed he had an extremely drug-resistant strain of tuberculosis known as XDR-TB. He'd been advised not to fly to Europe in the first place, but at that point he'd been diagnosed with a less severe strain. Despite warnings from health officials not to board another international flight, Speaker flew to Montreal and drove over the American border. (Florida Times-Union)
Senate Panel to Probe Wiretapping Violations Apr 17, 2009
But according to EFF's Bankston, the plaintiff's attorney in the San Francisco case, the Obama administration went further than Bush officials by claiming that the government is immune from lawsuits over illegal surveillance under any of the three federal wiretapping statutes _ the Foreign Intelligence Surveillance Act, the Wiretap Act and the Electronic Communications Privacy Act. Previously, the Bush administration had claimed immunity only under FISA.. (Newsmax)
Judge Throws Out Claims Against Alleged 'Sexual Predator' Lawyer Apr 4, 2009
Plaintiff's attorney Spencer Markle, of counsel at McKinney & Cooper in Houston, declines comment on Christopher's order, as does McKinney & Cooper partner Andrew McKinney IV, who also is listed on pleadings as Robinson's counsel. But Dale Jefferson, a partner in Martin, Disiere, Jefferson & Wisdom in Houston who represents the O'Quinn Law Firm; Stewart Hoffer, a shareholder in Munsch, Hardt, Kopf & Harr in Houston who represents Laminack's firm; and Jimmy Williamson, a partner in Williamson &... (Law.com)
MORE TROUBLE FOR RAIN Mar 17, 2009
When pressed by plaintiff's attorney Eric 00004000 Seitz, Rain testified that at one point he was told that the concert had to be canceled because security was deficient at Aloha Stadium. "My part is on the stage performance," Rain said through an interpreter. (Honolulu Advertiser)
Feds Subpoena Insurance Records, Broaden Reach of Judicial Corruption Probe Mar 14, 2009
Any and all records identifying plaintiff's attorney, defense arbitrator, plaintiff's arbitrator, neutral arbitrator, policy limit, amount of award and/or settlement involving uninsured/underinsured motorist arbitrations in Luzerne County and/or Lackawanna County, Pennsylvania ... Any uninsured/underinsured motorist arbitration in Lackawanna County and/or Luzerne County, Pennsylvania in which the plaintiff's attorney, or any attorney affiliated and/or associated in any way with the same law firm... (Law.com)
Judge Blasts Cases Doubting Obama's Citizenship Mar 7, 2009
WASHINGTON -- A federal judge on Thursday threw out a lawsuit questioning President Barack Obama's citizenship, lambasting the case as a waste of the court's time and suggesting the plaintiff's attorney may have to compensate the president's lawyer ... Robertson ordered plaintiff's attorney John Hemenway of Colorado Springs, Colo. (Newsmax)
• Car wash amputee sues her lawyer Mar 5, 2009
"Defendant had a duty as plaintiff's attorney to recover and protect settlement funds for plaintiff and to honor only completely legitimate subrogation claims.". The lawsuit alleges the state's claim for money could have been denied or limited, because the car wash contributed to her injury. (Burley South Idaho Press, ID)
Attorney says Zach Scruggs met deadline Mar 2, 2009
OXFORD - Zach Scruggs, the son of former plaintiff's attorney Richard "Dickie" Scruggs, did not violate his Tupelo half-way house report deadline, says his attorney, who doesn't understand why the 34-year-old Scruggs was moved to the Lafayette County Jail on Friday. Scruggs, disbarred from practicing law, served six months of a 14-month federal sentence in an Arkansas prison for his part in the plot to bribe Circuit Judge Henry Lackey of Calhoun City. (Northeast Mississippi Daily Journal)
Lawsuit filed against N.O. East development commission Feb 28, 2009
"Act 887 which created the New Orleans East Advisory Commission is so poorly written as to be unenforceable," said plaintiff's attorney Thomas Robichaux. "The Home Rule Charter of the city allows the city to do all zoning and all variances and land planning. It's a constitutional power that the city has and the state cannot intrude on that power.". (WWLTV.com, LA)
Posh pet store in Bel Air faces default judgment Feb 24, 2009
The judge told the plaintiff's attorney Monday to document his clients' damages so he can prepare a ruling, possibly before the next hearing April 21. Superior Court Judge John Shook took the action because an attorney for Pets of Bel Air left the case three months ago and the defendants have not responded to court motions since then. (Fresno Bee -- State)
District clerk suing Prairie View A&Mfor discrimination Feb 18, 2009
They haven't completed the investigation, so that's why she decided to file it on her own, said the plaintiff's attorney. Prairie View Public Relations Director Sheleah D. Hughes said, The University does not comment on pending litigation involving personnel matters. (Navasota Examiner, TX)
Cracking the case of the poison processed peanuts Feb 10, 2009
"The PulseNet system is a great system. The problem is it's a 22nd-century system resting on pillars of epidemiologic research that go back to the 1800s," said Bill Marler, a Seattle plaintiff's attorney who specializes in national food poisoning cases. Such limitations may explain why Florida has had no lab-confirmed cases in the current salmonella outbreak. (Orangeburg Times and Democrat, SC)
Computer network tracked salmonella outbreak Feb 10, 2009
"The PulseNet system is a great system. The problem is it's a 22nd century system resting on pillars of epidemiologic research that go back to the 1800s," said Bill Marler, a Seattle plaintiff's attorney who specializes in national food poisoning cases. Such limitations may explain why Florida has had no lab-confirmed cases in the current salmonella outbreak. (MSNBC -- Technology)
Class action lawsuit filed over Chinese drywall Feb 8, 2009
These materials can leak in the air and emit one of several sulfur compounds including sulfur dioxide and hydrogen sulfide, according to the complaint provided to the Business Journal by Jordan Chaikin, the lead plaintiff's attorney. of Bonita Springs filed the suit in U.S. District Court for the Middle District for Florida on behalf of Shane M. Allen and Nicole J. Allen of North Fort Myers and other homeowners who may be adversely affected by the drywall. (South Florida Business Journal, FL)
Former Judge Suspended for Threatening Cops During DWI Arrest Feb 7, 2009
The defendant's attorney, Robert Greenbaum of Greenbaum & Flanagan in Roseland, N.J., and the plaintiff's attorney, William Pinilis of Kaplan, Fox & Kilsheimer in Morristown, N.J., decline to discuss the settlement. While the Roxbury drunken-driving arrest was pending, Korpita was charged with drunken driving on Feb. 18, 2008, after his car was pulled over on Route 181 in Sparta, N.J. He was also charged with careless driving, failure to keep right and refusing to take a breath test. (Law.com)
Ethics complainants to appeal to court Feb 7, 2009
Briefly describing the reasoning behind the Appeal, Plaintiff's attorney Bisacca said, "My clients believe their cause is just and they are committed to pursuing it as long as is takes to vindicate their complaints." The Ethics Commission will have until Feb. 3. to file their answer in Bridgeport Superior Court. (Fairfield Minuteman, CT)
Rumors Abound That Alleged Case-Fixing Is Target of Pa. Probe Feb 7, 2009
In exchange, the plaintiff's attorney allegedly returned the favor. "It's the same players getting the same people appointed," the lawyer said. (Law.com)
