December 23, 2010
NY: Golfer Not Liable for Failure to Yell "Fore"
The New York Court of Appeals affirmed the Appellate Division's dismissal of a golfer's tort action based on his golfing partner's failure to warn of an impending swing of the club:
"The manner in which Anand was injured — being hit without warning by a ’shanked’ shot while one searches for one’s own ball — reflects a commonly appreciated risk of golf,” the judges wrote. --CJR
"The manner in which Anand was injured — being hit without warning by a ’shanked’ shot while one searches for one’s own ball — reflects a commonly appreciated risk of golf,” the judges wrote.
December 22, 2010
Tyler Clementi's Family Files Notice of Claim Against Rutgers
The family of Tyler Clementi, the student who committed suicide in September after video of his inimate encounter with another man was broadcast on the internet, has filed a notice of claim against Rutgers University:
The notice, filed by Westmont attorney Stephen DeFeo, contends the university failed to protect Clementi against “unlawful or otherwise improper acts perpetrated against” the Rutgers freshman.
“It appears Rutgers University failed to act, failed to put in place and/or failed to implement, and enforce policies and practices that would have prevented or deterred such acts, and that Rutgers failed to act timely and appropriately,” the notice reads.
myCentralJersy.com has the story.
AALS Torts & Compensation Section Meeting on Vaccines and Drugs
December 20, 2010
Philadelphia Tops ATRA's 2010 Judicial Hellholes Report
"Traditionally, Judicial Hellholes have been considered places where civil judges systematically apply laws and court procedures in an unfair and unbalanced manner, generally against defendants in civil lawsuits," explained ATRA general counsel Victor Schwartz. "The jurisdictions we name as Judicial Hellholes each year are not the only unfair courts in the nation, but they are among the most unfair, based on our survey of litigants and considerable independent research."
Philadelphia, PA topped the list this year, followed by LA and Humboldt County, California.
ATRA also has moved its Judicial Hellholes feature "to an an online format that will feature year-round reporting on significant civil justice developments."