Recently in Injury & Tort Law Category

If you spent 20 years smoking a pack of cigarettes each day, you would probably want someone to keep an eye on your lungs.

But should tobacco companies be forced to foot the bill for that type of medical monitoring when the smoker has yet to show signs of cancer? The Second Circuit Court of Appeals isn't sure, so it's asking the New York Court of Appeals to weigh in on the matter by responding to two certified questions.

More than 11 years after the September 11 attacks, victims and survivors are still trying to find a way to hold those affiliated with the guilty parties accountable.

On Tuesday, the Second Circuit Court of Appeals issued a trio of opinions detailing the deficiencies in some of those claims.

Does the unauthorized disclosure of confidential medical information by a clinic’s employee create a right of action for breach of a fiduciary duty against the clinic under New York law? Does it matter if the blabbermouth employee acted outside the scope of her employment? If she was not the plaintiff’s treating physician?

Before the Second Circuit Court of Appeals answers these questions, it wants a little guidance from the New York Court of Appeals because the New York courts are virtually silent about a plaintiff’s ability to sue a medical corporation directly for a non-physician employee’s ultra vires disclosure of the plaintiff’s confidential medical information.

In 2006, Deputy James Carroll and other officers from the Greater Rochester Area Narcotics Enforcement Team executed a "no-knock" warrant for Sherry Carroll's home. Deputy Carroll, who was in charge of securing the entryway, was the first to enter the house.

That's when he saw a dog growling, barking, and "quickly and aggressively approaching." Once the dog had advanced to within a foot of him, Deputy Carroll fired one shot from his shotgun at the animal's head and killed him. He says Sherry was not close enough to help restrain the dog from charging at the officers.

Sherry filed a civil rights claim against the department, arguing that shooting her dog while executing search warrant was an unconstitutional seizure.

Baltimore will have to content itself with winning on the field because it can't seem to find a win in court.

The Baltimore City Council and Mayor's Office sued a group of banks in federal court on behalf of two large putative classes: one whose members bought auction rate securities and one whose members issued them.

The plaintiffs alleged that the defendants — who rank among the world's largest and best-known financial institutions — triggered the 2008 market collapse by conspiring with each other to simultaneously stop buying auction rate securities for their own proprietary accounts.

The Second Circuit Court of Appeals agreed with a district court this week that the plaintiffs didn't have a case.

Woody Allen is quoted as saying that “Eighty percent of success is showing up.” We’re not sure of the exact weight that the federal courts afford to actually appearing for proceedings, but — much like Allen — judges believe that showing up is critical.

So what happens when a lawyer doesn’t bother to show up? Typically, that results in attorney sanctions. In extreme cases, it could interfere with a plaintiff’s judgment. But the Second Circuit Court of Appeals ruled this week that penalizing a client should be a last resort.

In 2009, New York City banned the sale of flavored smokeless tobacco products except in tobacco bars.

Apparently, there are only eight tobacco bars in New York City. None of them sell flavored smokeless tobacco. That means that the city ordinance effectively eliminated flavored smokeless tobacco sales in the city.

Tuesday, the Second Circuit Court of Appeals rejected tobacco companies' claims that federal law preempted the ordinance.

The Second Circuit Court of Appeals went meta this week, finding that a former Hofstra grad student could proceed with her retaliation claim against the school.

This is pretty much the Inception of retaliation suits. The student, Lauren Summa, claims that she lost her student job at the University because she filed a retaliation claim against the University after she lost a previous student job.

Take a moment to wrap your head around that.

It’s inappropriate for a supervisor to tell his subordinate that her husband was “not taking care of [her] in bed.” That’s a one-way ticket to a sexual harassment lawsuit.

It’s also inappropriate to record your boss without his knowledge or permission. That’s a one-way ticket to termination.

Last week, the Second Circuit Court of Appeals reinstated a Rochester Police Department employee’s hostile work environment claim, finding that the circumstances surrounding inappropriate statements that started and ended during her employment were sufficient to warrant a trial. The court, however, refused to revive the employee’s retaliation claim, concluding that the Department had cause to terminate her because she admitted to recording Department employees without authorization.

Friday, a Second Circuit Court of Appeals panel unanimously ruled that it lacked standing to hear a sanctions dispute about terrorism financing allegations.

The appeal stemmed from claims brought by victims and families of victims of terrorist attacks committed in Israel between 1995 and 2004. More than 100 families and 700 individuals are seeking more than $1 billion in damages from Arab Bank in the lawsuits, Thomson Reuters News & Insight reports.