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Smith was transported from the Rock Island County Jail to the federal courthouse for arraignment. U.S. marshals took Smith to an interview room to meet his lawyer. The Marshals Service inspects the interview rooms weekly. On the detainee’s side of the room, there is a metal stool attached to the wall by a swing-arm. According to Smith, when he sat on the stool it “broke,” causing him to fall and strike his head; he saw that bolts were missing. A nurse examined Smith and noted that his speech was slurred. She had him taken to the emergency room. He was treated for a stroke and continues to suffer adverse effects. Smith filed an administrative tort claim, which was denied. Smith then brought suit under the Federal Tort Claims Act, 28 U.S.C. 2671, relying on the doctrine of res ipsa loquitur to impute negligence to the government. The district court rejected the theory, noting that Smith’s fall occurred at 11 a.m., so it was possible that others could have already damaged the seat or that Smith fell without the stool having malfunctioned. The Seventh Circuit reversed. The fact that a detainee is left alone to confer with his lawyer does not defeat the notion that the room and its contents remain within the control of the government. The sort of malfunction that Smith has described is the kind of hazard that the government may be expected to guard against. View "Smith v. United States" on Justia Law

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Plaintiffs claimed that the sale of property without their consent to an entity of which Defendants were principals, was fraudulent. Plaintiffs also named as a defendant the title insurance and escrow agent in connection with the sale of the property. The superior court granted summary judgment in favor of all defendants. The Supreme Court affirmed the judgment in part and vacated it in part, holding (1) the hearing justice erred in determining that there was no factual issue regarding damages, and summary judgment is vacated as to the individual defendants to the extent that Plaintiffs may show damages for lost profits sustained in their individual capacities only; (2) the superior court properly granted summary judgment for the individual defendants as to Plaintiffs’ tortious interference with a contractual relationship claims, intentional interference with prospective contractual relations claims, breach of contract claims, fraud claims, and civil conspiracy claims; and (3) the judgment is affirmed in favor of the title company in all respects. View "Fogarty v. Palumbo" on Justia Law

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The employer under the circumstances of this case had no duty to control its employees. J.R.and Carlos worked as cashiers at a convenience store owned by Exxon Mobile Corporation. One evening, Carlos picked a fistfight with J.R. When Alfredo, J.R.’s father, entered to the store to pick up J.R., Carlos also started a fistfight with Alfredo. Alfredo was knocked down and complained he couldn’t breathe. Twenty-three days later he died from cardiac arrhythmia, respiratory failure, and renal failure. J.R. and his family (Plaintiffs) sued Exxon for wrongful death and survival damages. The jury found that Exxon’s negligent supervision of its employees, together with J.R. and Alfredo’s negligence, caused Alfredo’s death. The jury awarded Plaintiffs nearly $2 million in damages. The court of appeals remanded the case for a new trial. The Supreme Court reversed the judgment of the court of appeals and rendered judgment for Exxon, holding that an employer in a situation like the one presented in this case owes no duty to supervise its employees, and therefore, as a matter of law, Exxon was not liable to Plaintiffs. View "Pagayon v. Exxon Mobil Corp." on Justia Law

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Appellants, the parents and special administrators of the estate of Melissa Rodriguez, who was killed by Michael Loyd, brought this negligence and wrongful death action against numerous defendants. The defendants were treated as three groups - the Lasting Hope defendants, the UNMC defendants, and the City defendants. Appellants claimed that the defendants were negligent in failing to protect Melissa from Loyd. The district court granted the defendants’ motions to dismiss the second amended complaint. On appeal, Appellants challenged the dismissal of the Lasting Hope and the UNMC defendants. The Supreme Court reversed, holding that the district court (1) erred when it dismissed Appellants’ second amended complaint for failure to state a claim with respect to the Lasting Hope defendants; and (2) erred when it denied Appellants’ motion to amend the second amended complaint to add allegations relative to the UNMC defendants and dismissed the UNMC defendants. View "Rodriguez v. Catholic Health Initiatives" on Justia Law

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Between 2011 and 2013, a labor union held demonstrations at Walmart stores throughout Maryland, protesting Walmart’s employment conditions. Consequently, Walmart sued the union for trespass and nuisance and sought an injunction against the union. The circuit court granted summary judgment in favor of Walmart and issued a permanent injunction against UFCW. The court of special appeals affirmed. The Court of Appeals affirmed, holding (1) Walmart’s claims for trespass and nuisance were not preempted by the National Labor Relations Act, and therefore, the circuit court properly denied the union’s motion to dismiss; and (2) the circuit court properly ruled that this case did not involve a labor dispute within the meaning of Maryland’s Anti-Injunction Act. View "United Food & Commercial Workers International Union v. Wal-Mart Stores, Inc." on Justia Law

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The Barton doctrine is extended to a court-appointed accountant in the capacity of a special master, thus requiring an individual to seek leave of the appointing court prior to filing suit in a non-appointing court against a court-appointed special master for actions taken in the scope of his court-derived authority. Larry Bertsch and his accounting firm (collectively, Bertsch) were appointed as special master in a lawsuit between Vion Operations, LLC and Jay Bloom (the Lion litigation). The district court later discharged Bertsch from his duties as special master. When the Vion litigation was dismissed, Bloom filed the underlying complaint against Bertsch alleging, inter alia, gross negligence and fraudulent concealment based on Bertsch’s allegedly wrongful actions in the Vion litigation. Bertsch filed a motion to dismiss, which the district court denied. Bertsch petitioned for a writ of mandamus arguing, in part, that Bloom’s complaint was jurisdictionally improper because Bloom did not first seek leave of the appointing court before instituting the underlying action. The Supreme Court granted the motion, holding that Bloom must first have filed a motion with the appointing court in order to sue Bertsch personally. View "Bertsch v. Eighth Judicial District Court" on Justia Law

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Future medical expenses are a category of damages to which Nev. R. Civ. P. 16.1(a)(1)(C)’s computation “of any category of damages claimed” requirement applies, and a plaintiff is not excused of complying with the rule because the plaintiff’s treating physician has indicated in medical records that future medical care is necessary. Respondents were injured in a car wreck with Appellant and filed the underlying negligence action. As part of their initial disclosures, Respondents provided Appellant with a computation of their past medical expenses and medical records but did not provide Appellant with a cost computation of future medical damages. Consequently, Appellant filed a motion in liming seeking to prevent Respondents from introducing evidence at trial in support of Respondents' future medical expenses. The district court denied the motion, and the jury rendered a verdict in favor of Respondents. The Supreme Court affirmed, holding (1) the district court erred in permitting Respondents to introduce evidence in support of their future medical damages where Respondents failed to provide Appellant with a computation of those damages; but (2) Appellant’s substantial rights were not materially affected so as to warrant a new trial. View "Pizarro-Ortega v. Cervantes-Lopez" on Justia Law

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The Convention on Supplementary Compensation for Nuclear Damage's (CSC) text, structure, and ratification history dictate that Article XIII’s jurisdiction-stripping provision applies only to claims arising out of nuclear incidents occurring after the CSC’s entry into force. Plaintiffs, members of the United States Navy, filed a putative class action against TEPCO, alleging that they were exposed to radiation when deployed near the Fukushima Daiichi Nuclear Power Plant (FNPP) as part of Operation Tomodachi. The Ninth Circuit affirmed the denial of TEPCO's motion to dismiss and held that the CSC did not strip it of jurisdiction over plaintiffs' claims; the district court did not err by dismissing plaintiffs' claims on comity grounds and did not abuse its discretion in deciding to maintain jurisdiction; the district court did not abuse its discretion in declining to dismiss this case on forum non conveniens grounds; the panel was unable to undertake the "discriminating inquiry" necessary to determine if this case presented a political question; and the panel provided no opinion as to whether the firefighter's rule applies to military servicemembers and, if so, whether it barred plaintiffs' claims. View "Cooper v. Tokyo Electric Power Co." on Justia Law

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The Eighth Circuit affirmed the district court's application of a tort-reform act, the Nebraska Hospital Medical Liability Act, to reduce the verdict by 90% in a case where a jury awarded $17 million to a child born with severe brain damage. The court held that notice was not a requirement for qualification under the Act, but rather a requirement imposed on those already qualified; Bellevue did not lose the Act's protections even if it failed to properly post notice; and Nebraska's cap did not violate the Seventh Amendment right to a jury trial nor the Fifth Amendment; the child failed to show a denial of access to the courts; the Act did not violate the child's right to equal protection of the laws; and the district court did not err in rejecting the child's substantive due process challenge. The court affirmed the district court's denial of Bellevue's motion for a new trial and rejected Bellevue's challenges to the district court's jury instructions and verdict. View "S.S. v. Bellevue Medical Center" on Justia Law

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The Supreme Judicial Court vacated the judgment of the district court dismissing Plaintiff’s fraudulent transfer complaint as having been filed outside the applicable statute of limitations, holding that the court should have treated the motion to dismiss as a motion for summary judgment. Plaintiff brought a complaint against Defendants alleging violations of the Uniform Fraudulent Transfer Act. Defendants moved to dismiss the complaint on the ground that the applicable six-year statute of limitations ran one day before the date that Plaintiff’s complaint was filed. The district court granted the motion to dismiss. The Supreme Judicial Court held that Plaintiff’s submission of extrinsic evidence converted the motion to dismiss to a motion for summary judgment, and accordingly, the court erred in failing to proceed with the summary judgment process. View "Acadia Resources, Inc. v. VMS, LLC" on Justia Law