CourtSide: Personal Injury Archives
CourtSide - The FindLaw Breaking Legal News Blog

Recently in Personal Injury Category

The adoptive parents of a child born with male and female organs say South Carolina mutilated their son by choosing a gender and having his male genitalia surgically removed.

The surgery took place when the child was 16 months old and a ward of the state, according to the attached lawsuit filed by the parents against three doctors and several members of the South Carolina Department of Social Services.

Lawyers for the parents said the complaints filed in federal and state courts are the first lawsuits of their kind filed in the United States.

The child, now 8 years old, feels more like a boy and “wants to be a normal boy,” Pamela Crawford, the boy’s adoptive mother, said in a video released by the Southern Poverty Law Center. “There was no medical reason that this decision had to be made at this time.”

Aurora Theater Lawsuits: Wrongful Death Claims Can Move Forward

Calling it a "close call," a federal judge on Wednesday allowed victims to pursue wrongful death and liability claims against Cinemark, which owns the Colorado movie theater where 12 people were shot to death last summer.

U.S. District Judge R. Brooke Jackson indicated that it wasn't an easy decision but said the 10 lawsuits pose questions of interpretation and application of law.

"I suspect that many people, despite overwhelming sympathy and grief for the victims of the Aurora theater shootings, might upon hearing about these lawsuits have had reactions like, 'How could a theater be expected to prevent something like this?' " Jackson wrote. "I confess that I am one of those people."

James Holmes has been charged with murders and attempted murder in criminal court. Ten separate civil lawsuits were filed against Cinemark USA, which responded by saying that it couldn't have foreseen a shocking criminal act.

Jackson dismissed a claim of negligence but let stand a claim of wrongful death and another claim filed under Colorado's Premises Liability Act.

Mike McQueary Files Defamation Lawsuit Against Penn State

Mike McQueary, a key witness in the trial that led to Jerry Sandusky’s arrest for child molestation, has filed a lawsuit against Penn State for defamation, misrepresentation, and whistle-blower charges. The complaint alleges, among other things, that McQueary’s cooperation with investigators back in 2001 led to the suspension and eventual firing of the former assistant football coach. The complaint also alleges that his treatment by the university since Sandusky was arrested in November has caused him distress, anxiety, humiliation and embarrassment. The lawsuit seeks millions of dollars in damages and legal fees.

Judge Rules That Airlines Must Go to Trial Over 9/11 Damages

A federal district judge in New York has denied a motion by the airline defendants to eliminate the potential damages owed to the leaseholders of the World Trade Center in a negligence suit arising out of the events of 9/11.  The defendants argued that the insurance payout to the plaintiff precluded any recovery based on the airlines' negligence.  The judge determined, however, that the overlap in the airlines' potential damages and the insurance payout was an issue of fact that required a trial.

Judge Orders $6B in Damages for 9/11 Plaintiffs

A federal magistrate judge has determined that Iran, Hezbollah, al Qaeda, Osama bin Laden, and the Taliban should pay the families of 9/11 victims over six billion dollars in damages for the injuries suffered during the September 11, 2001 attacks.  The plaintiffs in the lawsuit received a default judgment against the defendants on December 22, 2011.  The damage award is largely symbolic, however, since it will be nearly impossible to recover any funds from the defendants.

LinkedIn Lawsuit Over Stolen Passwords

A LinkedIn user has filed a class action lawsuit against the popular business networking website related to the security breach that resulted in the publication of 6 million LinkedIn users' passwords.  The suit claims that the company failed to adequately protect its users' personally identifiable information.
Plaintiffs in the litigation over the long-term effects of concussions on players in the National Football League have filed a master complaint in the consolidated lawsuit against the NFL and sports equipment manufacturers.  The complaint brings together more than 80 lawsuits filed by NFL players over their allegations that the NFL knew the dangers of repeated head injuries, concealed that information from the players, and failed to adequately protect players from head injuries while playing football.

Facebook Plaintiffs Amend $15B Lawsuit on Day of Facebook IPO

In a consolidated multidistrict lawsuit against Facebook, plaintiffs have filed an amended complaint alleging that the social networking company violated the U.S. Wiretap Act by tracking users of the site even after they had signed out of the Facebook site.  The lawsuit requests damages of $15 billion, and comes on the same day that the company made its initial public offering on the Nasdaq exchange.  The IPO valued the company at $104 billion.

Wife of Accused Syracuse Coach Sues ESPN for Libel

Laurie Fine, the wife of the ex-Syracuse basketball coach, Bernie Fine, has filed a lawsuit against ESPN and two employees alleging that the network and its employees committed libel against her when they accused her of, among other things, knowingly permitting the sexual molestation of children in her home by her husband.
An employee of imploding law firm Dewey & Leboeuf has filed a class action lawsuit against the firm over layoffs that went into effect on May 10, 2012.  The plaintiff claims that Dewey failed to provide the pre-termination notification required under federal and state WARN Acts before laying off the employees.