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Bid to Create New Tort Over Pets Fails, For Now
In what he calls "the fight of his life," an Oregon attorney says that he's not giving up on trying to establish a new tort that will allow pet owners to sue over loss of companionship. A judge recently threw out the attorney's loss-of-companionship claim in a pet death case, holding that the claim was not a viable theory under Oregon law. Attorney Geordie Duckler, who is pursuing the case on other grounds, said his tort battle is far from over.Big Tobacco Can't Use 'Pass-On' Defense in RICO Suit
Tobacco companies accused of lying about the dangers of smoking by Empire Blue Cross & Blue Shield of New York cannot claim as a defense that increased health costs have been passed on to consumers, a federal judge ruled. The judge told lawyers that a "pass-on" defense -- minimizing a plaintiff's damages by showing that a third party absorbed the increased cost -- is not available in a fraud action brought under RICO.
Watts v. XL Systems, Inc.
Publication Date: 2000-11-16 Practice Area: patents
Industry: Court: Fed. Cir. Judge: BRYSON, GAJARSA, and LINN, Circuit Judges Attorneys: For plaintiff: James H. Riley, II For defendant: Charles B. Walker, Jr. and Winstol D. Carter, Jr. Case number: 99-1526
The full case caption appears at the end of this opinion. LINN, Circuit Judge.John D. Watts seeks review of a final decision of the District Court for the Eastern District
Scathing Opinion in Smoking Case Sets Precedent
A San Francisco Superior Court judge issued an extraordinary and virtually unprecedented indictment of the tobacco industry Tuesday, even as he halved a recent punitive damage award to a smoker. Denying defendant Philip Morris Cos. Inc.'s request for a new trial, Judge John Munter decided $25 million is a large enough award to deter Philip Morris from similar conduct in the future. A jury hit the company with a combined $51.5 million award in February.
Complex Electronic Discovery Projects Require Managers With a Knack for Planning and Communication
Today, cases can be won or lost in the electronic-discovery phase of litigation. In fact, in the recent Morgan Stanley case, damages exceeded $1 billion because of a botched electronic-discovery project. That's why it's essential that people remain involved in the process, no matter how sophisticated the new forms of technology for gathering and organizing information have become. Deciding who will staff the discovery project, and who will manage it, are just two of the key issues to consider.
Glitsch, Inc. v. Koch Engineering Co., Inc.
Publication Date: 2000-07-25 Practice Area: civil practice : federal |
patents
Industry: Court: Fed. Cir. Judge: LOURIE, CLEVENGER, and BRYSON, Circuit Judges Attorneys: For plaintiff: Donald R. Dunner, et al. For defendant: John C. Dods, et al. Case number: No. 99-1377
The full case caption appears at the end of this opinion. BRYSON, Circuit Judge.The sequence of events leading to this appeal began with an action filed in 1982 by appellee
Score One for 'Hedonic' Damages
A recent Louisiana Supreme Court ruling brings that state in line with a handful of others that allow plaintiffs to seek separate damages for loss of enjoyment of life, or so-called hedonic damages. The term first appeared about 20 years ago, when economists began using it to refer to certain aspects of an injured person's noneconomic damages. The 6th Circuit, applying Tennessee law, and the 10th Circuit, applying New Mexico law, are among courts that permit separate claims for hedonic damages.More from ALM
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