Recently in Injury & Tort Law Category

We all remember the Duke lacrosse rape allegations, right? In 2007, an exotic dancer claimed that she was raped at lacrosse team party. Over the course of a few hours, the details of her story changed. She was attacked by three men. No, she wasn’t attacked at all. She was attacked by as many as 20 men.

The evidence — including extensive DNA analysis — simply didn’t support her claims. Even the prosecutor, former Durham District Attorney Mike Nifong — looked at the lack of evidence and said, “You know, we’re f**ked.”

We’re just spit-balling here, but it seems like the “f**ked” stage is where you abandon a case. Or at least set it aside for a a second look. But, at Nifong’s direction, Durham authorities doubled down. Search warrants were executed. College students were indicted.

And when the charges were ultimately dropped, lawsuits were filed.

Be careful what you "like” on Facebook.

This week, the social network filed a brief in a First Amendment retaliation challenge before the Fourth Circuit Court of Appeals, arguing that Facebook “likes” are free speech, reports GigaOM. A district court previously dismissed the case, finding that clicking that tiny thumbs-up button was “insignificant speech” that did not involve “actual statements.”

So how does a click-of-the-thumb turn into a tort?

The Fourth Circuit Court of Appeals ruled this week that the West Virginia Supreme Court should decide whether Mine Safety and Health Administration (MSHA) inspectors can be held liable for coal miners' deaths, reports CBS News.

The appellate court characterized the issue as "a pure question of state law, which has not been squarely addressed," and noted that it was "a matter of exceptional importance for West Virginia."

The Fourth Circuit Court of Appeals ruled this week that equitable relief remedies are available to a life insurance beneficiary to redress violations of Employee Retirement Income Security Act (ERISA) or ERISA plans.

The Fourth Circuit panel vacated its earlier stance this week after rehearing the case.

The Fourth Circuit Court of Appeals ruled last week that a North Carolina inmate can proceed in forma pauperis (IFP) under the Prison Litigation Reform Act (PLRA) "three strikes" rule with his lawsuit alleging the importance of a sanitary shave.

In 2011, Jonathan Leigh Henslee filed an inmate grievance with the North Carolina Department of Corrections stating that Alexander Correctional Institute's (AXCI) failure to enforce its grooming policy puts inmates at risk of contracting various infections. His quest for a clean shave made it to the Fourth Circuit after a district court dismissed his complaint for failure to state a claim on which relief can be granted.

After Racheal Wilson, a new recruit for the Baltimore City Fire Department, tragically died during a “live burn” training exercise, her survivors and estate filed a civil rights lawsuit against the Baltimore mayor and city council, alleging that the Baltimore City Fire Department violated Wilson’s substantive due process rights by staging the exercise with deliberate indifference to Wilson’s safety.

This week, the Fourth Circuit Court of Appeals affirmed a lower court’s decision to dismiss the claim on a 12(b)(6) motion.

The Fourth Circuit Court of Appeals is allowing the Abu Ghraib torture lawsuits against military contractors to proceed ... for now.

In an 11-3 decision after en banc rehearing, the Fourth Circuit reinstated two torture claims in Virginia and Maryland federal courts. The court did not rule on the merits of either claim; it only agreed to let judges in the cases review more evidence before addressing the contractors’ immunity claims.

If the oh-so-dreamy Mad Men star Jon Hamm appeared on your porch and demanded entry to your home to look for a hooligan, you would happily admit him. Pour him a stiff drink. Sit for one of his clipped-toned, Don Draper-esque observations that would leave you questioning your life choices, but happy that your path had been corrected by such a charismatic passerby.

If South Carolina bail bondsman Jon Ham showed up on your porch with a shotgun and demanded entry to your home to find a fugitive, you might end up arguing qualified immunity in the Fourth Circuit Court of Appeals.

Guess which Jon we're discussing today?

This week, the Fourth Circuit Court of Appeals affirmed a judgment against self-proclaimed American Nazi leader Bill White for Fair Housing Act (FHA) and Virginia law violations, intentional infliction of emotional distress damages, and attorney's fees. The Fourth Circuit, in an unpublished opinion, found no reversible error in the case.

This is not the first civil dispute based on an FHA complaint in which the Fourth Circuit has ruled against White.

The Fourth Circuit Court of Appeals recently issued a decision that could help your clients who have received settlement offers on their Fair Debt Collection Practices Act (FDCPA) claims.

Shortly after Margaret Warren's husband passed, she learned that her husband had an overdue personal VISA credit card account at Branch Banking & Trust Co. (BB&T). Warren tried to obtain the signature card on the account, which was listed only under her husband's name. BB&T, however, had started sending Warren statements bearing both her and her husband's name. Not knowing better, she started making payments.