Recent Injury & Tort Law Decisions
If you don't know what the Cat's Paw theory of liability is, don't feel bad. It's a reference to an ancient Aesop story where a scheming monkey dupes a cat into harming his paw so that the monkey could reap the benefits of someone's labor and pain.
The 7th Circuit has offered its own interpretation on which defendants can rely without fear of being duped into a costly and headache inducing discrimination lawsuit.
Customers who have seen their personal information stolen due to corporate data breaches have suffered recognizable injuries and have standing to sue, the Seventh Circuit ruled in late July. The court's holding revived a consumer class action against Neiman Marcus. Customers had sued after a data breach exposed their personal information and credit card numbers.
The ruling could be a boon for consumer advocates and class action lawyers, helping to reduce a major roadblock to litigation. For corporations who are victims to hacking, it could greatly increase their potential liabilities.
Last week, the Illinois Supreme Court declined to invent a new evidentiary privilege called the "self-critical analysis privilege," suggesting instead that if such a thing were to exist, it would be the state legislature's job to create it.
The case involves the death of a seven-month-old child while the child and her mother were in a state program for reuniting families.
In December 2006, Steven Kallal started using CIBA-brand contact lenses that he received as a sample from his eye doctor. He bought some more and kept using them until May 2007, even though he experienced sharp pain in his eyes.
Unbeknownst to Kallal, CIBA found a flaw in the contact lenses in January 2007 that didn't let enough oxygen reach the cornea. They eventually recalled 11 million contact lenses.
This is a story about the limits of personal injury lawsuits.
Arguably, it was a simple reporting mistake. But that simple mistake could cost legal tabloid-blog Above The Law as much as $50 million.
Meanith Huon, 44, is a Chicago attorney. He was once accused of and charged with rape. A jury, however, made short work of the charges and acquitted him. An ATL blogger, while the case was pending, mistook past news reports about the same incident as prior accusations of rape, falsely branding Huon as a serial rapist with a few careless keystrokes.
Huon responded by branding the reporting mistake as defamation. And earlier this month, a district court judge allowed his claim against ATL to move forward.
Motorola makes phones. It makes nearly all of those phones in Asia. It buys its components from Asian suppliers. So, for all you 1Ls out there, here is the question: can a U.S. company sue on behalf of its Asian subsidiaries over price fixing that occurred in commerce that was exclusively carried out in Asia?
It is, after all, a U.S. parent company. But the subsidiary companies are Asian and the suppliers are Asian. The answer to this law school hypothetical (and Seventh Circuit case) is a resounding no.
Armslist is a website that provides a place for private gun owners to sell guns to each other. It has several disclaimers excepting it from liability because it "does not certify, investigate, or in any way guarantee the legal capacity of any party to transact."
Demetry Smirnov met Jitka Vesel online (though not on Armslist). Vesel rejected Smirnov, and in response, Smirnov illegally purchased a gun through Armslist (illegal because, under federal law, a gun can't be transferred directly to someone from a different state; the seller was from Washington and Smirnov lived in Chicago).
Smirnov followed Jitka to a parking lot and killed her with the handgun he bought through Armslist. The Seventh Circuit ruled Tuesday that Armslist has no liability.
The Sixth Circuit is not alone in consolidating appeals of same sex marriage cases within the circuit: last week, the Seventh Circuit consolidated two same sex marriage cases.
The Seventh Circuit also recently decided a case affecting all of the states surrounding the Great Lakes, and is going to hear a case about an Indiana law regulating the sale of cold beer. Finally, our favorite benchslapper speaks out.
Read on for details on all of these stories.
Has anyone ever time-lined Judge Posner's benchslaps? I wonder what the longest time frame sans benchslap has been. Probably not very long, and on Monday, he made the latest benchslap to a judge, attorney and plaintiff -- no one was safe.
Obviously, the parties didn't read our post on how to avoid a benchslap, or about that attorney who faked an illness because this case is the most deserving -- that we've read -- that called for benchslaps all around.