Recently in Injury & Tort Law Category

The Ninth Circuit Court of Appeals ruled last week that a California foster child who was sexually-assaulted by his foster brother could proceed with his civil rights lawsuit against Tulare County Child Welfare Services.

The foster child, AE, alleged that Tulare County and its employee social workers failed to intervene prior to the assault, despite their knowledge of escalating threats against him.

If you're trying to decide whether to file a client's claim in state court or federal court, one option you should weigh is whether the claim could be time-barred in one of your choices.

Today's Ninth Circuit Court of Appeals case presents a tough lesson in how that choice can affect the outcome of a case.

Ryan Bonneau was 34 when he filed a federal civil rights lawsuit against his former teachers, principal, and school district in federal court, alleging that the teachers had beaten him from 1986 to 1988 while he was an elementary school student. The district court dismissed Bonneau's claim as time-barred.

The Ninth Circuit Court of Appeals weighed in on the Alien Tort Act this week, ruling that Bougainville islanders can sue mine owner Rio Tinto for war crimes and genocide during a civil war with the Papua New Guinea government. The court concluded that Morrison v. National Australia Bank does not bar the claims.

Bougainville residents revolted against Rio Tinto in 1988 amid human rights and environmental complaints against the company. At Rio Tinto’s request, the Papua New Guinea military put down the revolt. Soon thereafter, Papua New Guinea imposed a military blockade on Bougainville to secure the mine, and the country fell into a decade-long civil war, reports The Huffington Post.

In a case of biting that hand that fed her, a woman sued a free, drug-addiction recovery program under the Fair Housing Act (FHA), saying that the organization forced her to participate in religious services. In an opinion released on Monday, the Ninth Circuit Court of Appeals ruled that the claim failed as a matter of law.

The Boise Rescue Mission (BRM), originally incorporated as Christ's Gospel Mission, Inc., operates an "intensive, Christ-based residential recovery program for people with chemical dependency or alcoholism."

A rap career can lead to a hard knock life; just look aspiring California rapper Almighty Aziz, the victim of a fatal shooting by Santa Clara Police.

Almighty Aziz, (given name: Aziz James), flipped out at a party in 2008 and stabbed several fellow revelers before crashing through a window into a stranger's house and holing up inside.

Last week, the Ninth Circuit Court of Appeals ruled that, in light of the circumstances, police were justified in the use of deadly force against James after he stabbed a canine officer and leaned toward the remaining officers with a knife. The court ruled that James's actions instantly escalated the situation into a potentially deadly encounter.

This case is a jurisdiction doozy.

Brand, an Ohio corporation, operates a popular website called celebrity-gossip.net, which asks the tough questions like, "Is Robert Pattinson the sexiest man on the planet?" The site is consistently robbed of journalistic accolades for its hard-hitting reporting on stories like, "Shiloh Jolie-Pitt named most influential infant."

Mavrix is a celebrity photo agency, (read: paparazzi machine), that shoots, sells, and licenses celebrity photographs. It is based in Florida.

If you fly regularly, you have encountered the great syntax mystery of air travel: why do flight attendants demand that we "stow all electronics in the off position," instead of telling us to "turn off" or "power down" our gadgets? It's like asking someone to "instruct me in the ways of thy Douglas" instead of "teach me how to Dougie." And it's weird.

While debating this question, you may have also wondered if the airlines have similar obligations. Do they ever have to stow their electronic devices, (namely the wee television monitors that lower from the overhead bins), in the "off position" to ensure passenger safety? And if their electronic devices hurt a passenger, is it considered an airline "accident" under the Montreal Convention? (You're a lawyer - you think about these things.)

Establishment Clause Challenge to War Memorial

In Trunk v. City of San Diego, No. 08-56415, an Establishment Clause challenge to a cross on a war memorial, the court reversed summary judgment for defendants where the district court erred in declaring the memorial to be primarily non-sectarian, because a few scattered memorial services before the 1990s did not establish a historical war memorial landmark such as those found in Arlington Cemetery, Gettysburg, and the Vietnam Veterans Memorial in Washington, D.C.

Suit Alleging Fraudulent Tax Shelters

In Rezner v. Bayerische Hypo-Und Vereinsbank AG, No. 09-16402, an action alleging that defendant engaged in a scheme to defraud the U.S. of tax revenue through fraudulent tax shelters that caused injury to purchasers of such shelters, the court reversed summary judgment for plaintiff where the district court erred in concluding that plaintiff had satisfied the proximate causation requirement for a civil RICO claim.

Auto Accident Insurance Matter

In Progressive Gulf Ins. Co. v. Faehnrich, No. 09-16487, an action by an insurer seeking a declaration that the family member exclusion in an auto insurance policy barred recovery for defendants arising out of a car accident, the Ninth Circuit certified the following question to the Supreme Court of Nevada: Does Nevada's public policy preclude giving effect to a choice-of-law provision in an insurance contract that was negotiated, executed, and delivered while the parties resided outside of Nevada, when that effect would deny any recovery under Nevada Revised Statutes section 485.3091 to Nevada residents who were injured in Nevada?