Legal News

When Does Black Friday Craziness Become Assault?

FindLaw Headlines - 8 hours 54 min ago
Much as some of us would want to, we can't eliminate all physical contact in public interactions. Especially when we enter crowded areas like swarming sidewalks, stuffed shops and stores, and packed public transit. Sound like anywhere you were on Black Friday? We might have to expect a couple......

Is Your Startup Strike-Proof, Like Instacart?

FindLaw Headlines - Thu, 11/23/2017 - 00:40
Did you know that Instacart shoppers went on strike on November 19 and 20? Probably not, that is, unless you read the news about it. Despite the negative press the company has gotten over the low wages that their independent contractor shoppers earn, an Insta-Shopper strike came and went......

Security Tips for Online Shopping on Cyber Monday

FindLaw Headlines - Wed, 11/22/2017 - 13:46
For those of us who don't want to be trampled at the door of a box store on Black Friday, there's Cyber Monday, the day we can feed the capitalist consumption machine from the safety of our homes, phones, and cubicles. And while we may not need to worry......

California Introduces New Cannabis Rules and Regulations

FindLaw Headlines - Wed, 11/22/2017 - 13:27
Legalizing it is no simple task. Just ask Colorado, Oregon, Washington, and other states that have legalized recreational marijuana: from licensing to labeling and from distribution to DUI tests, the regulation of legalized marijuana is a massive task. Still, those states -- and more every year -- have decided......

How Can a Startup Protect Trade Secrets?

FindLaw Headlines - Tue, 11/21/2017 - 15:12
You're starting a business because you've got some great, new ideas. So how do you protect those ideas once you're in business? From intellectual property laws to non-disclosure agreements, there are quite a few legal options for protecting trade secrets. Here's how to know which is the right option......

Tips for the 'Estate Planning Talk' Over the Holidays

FindLaw Headlines - Tue, 11/21/2017 - 13:40
We get it: there's no easy way to start talking about estate planning. And who wants to spoil the holidays with morbid talk about what's going to happen after a family member dies? None of that sounds appealing. Then again, when else are you going to do it? The holidays......

Jury Orders J&J to Pay $247 for Defective Hip Implants

FindLaw Injury News - Tue, 11/21/2017 - 01:00

Johnson and Johnson has become a regular subject of our injury blogs. From talc-based baby powder causing cancer to vaginal mesh implants causing bleeding and loss of sexual function to anti-psychotics causing breast enlargement in male patients, Johnson and Johnson has been the subject of hundreds of lawsuits and been forced to pay hundreds of millions of dollars in jury verdicts. To be fair, many of the allegedly defective products were made by J&J subsidiaries, but the most damning accusations claim J&J knew of the danger to consumers and sold the products anyway.

The same can be said for Johnson and Johnson's Pinnacle hip implants designed and manufactured by DePuy Orthopaedic. Johnson and Johnson faces some 9,700 lawsuits nationwide regarding the implants and has just been ordered to pay out its third jury award, this one for $247 million.

Not Too Hip

The latest verdict involved six New York residents who received the implants in order to treat joint failure caused by osteoarthritis. J&J marketed DePuy's metal-on-metal implants as a longer lasting alternative to similar ceramic or plastic implants. According to the lawsuit, that was far from the case. Instead, the plaintiffs experienced tissue death, bone erosion, and other injuries.

They sued J&J and DePuy, claiming Pinnacle implants were defectively designed and the companies failed to adequately warn consumers regarding the health risks involved. (The Pinnacle was discontinued in 2013 after the FDA tightened restrictions on hip implants.) The Dallas, Texas jury agreed, but it's far from certain the plaintiffs will actually receive the jury award.

Appealed Jury Awards

J&J released a statement saying it would appeal the verdict, and a DePuy spokesperson told Reuters the company is still "committed to the long-term defense of the allegations in these lawsuits." The companies have had some success in getting large jury awards reduced. A $500 million jury award in March 2016 was later cut to $150 million, and another $1 billion verdict that was slashed to $543 million.

This was the fourth of 9,000 test trials in a Dallas federal court, where both sides are hoping the outcomes will lead to settlements on the remaining claims, rather than more trials.

Suing for hip implant injuries can be complicated. If you're considering a medical implant lawsuit, talk to an experienced medical device attorney in your area.

Related Resources:

Jury Orders J&J to Pay $247 for Defective Hip Implants

FindLaw Headlines - Tue, 11/21/2017 - 01:00
Johnson and Johnson has become a regular subject of our injury blogs. From talc-based baby powder causing cancer to vaginal mesh implants causing bleeding and loss of sexual function to anti-psychotics causing breast enlargement in male patients, Johnson and Johnson has been the subject of hundreds of lawsuits and been......

3 Ways to Avoid Employment Violations on Black Friday

FindLaw Headlines - Tue, 11/21/2017 - 00:59
Just about every small business has some sort of Black Friday event or deal. From flash sales to door dashes to bargain bonanzas, there are myriad ways to take advantage of the nation's premier shopping holiday. But with all this focus on consumers, make sure you don't forget about......

Hate Crimes Hit 5-Year High

FindLaw Headlines - Tue, 11/21/2017 - 00:56
According to data released by the FBI last week, law enforcement agencies reported 6,121 hate crimes nationwide in 2016. That's a five percent increase in hate crimes over 2015, and a five-year high. However, the FBI admits its Uniform Crime Reporting (UCR) program doesn't count jurisdictions of agencies that......

Online Reviewers Losing Anonymity in Defamation Cases

FindLaw Headlines - Tue, 11/21/2017 - 00:53
There is certainly an interest in being able to anonymously review products and services online: reviewers may feel more safe to be honest in their reviews, without fear of retaliation from companies or other users. Then again, anonymity can allow some reviewers to go too far, thinking there will be......

DACA Renewals Rejected for Missing Deadline Will Get Reprieve

FindLaw Headlines - Mon, 11/20/2017 - 15:51
The mixed messages continue coming from the White House on the Deferred Action for Childhood Arrivals, this time with DACA recipients getting some good news. Although the Trump administration already announced plans to end DACA protections next year, U.S. Citizenship and Immigration Services is giving a second chance to immigrants......

5 Most Common Black Friday Shopping Injuries (and What to Do About Them)

FindLaw Headlines - Mon, 11/20/2017 - 15:47
The crowds; the anticipation; the joy; and the pain. There really is nothing like the exhilaration and hysteria of Black Friday. One day every year, American shoppers lose their collective minds in an effort to save a few bucks on Christmas presents. But the damage and injuries sustained on......

Tyrese's Custody Dispute Plays Out on Instagram

FindLaw Headlines - Fri, 11/17/2017 - 16:58
We've said it before that parents should be careful on social media during child custody disputes. Apparently, Tyrese Gibson doesn't read our blogs. The Fast and Furious franchise star had been a constant presence on Instagram throughout his battle with ex-wife Norma Gibson over custody of their daughter Shayla.......

5 Most Common Black Friday Shopping Injuries (and What to Do About Them)

FindLaw Injury News - Fri, 11/17/2017 - 15:35

The crowds; the anticipation; the joy; and the pain. There really is nothing like the exhilaration and hysteria of Black Friday. One day every year, American shoppers lose their collective minds in an effort to save a few bucks on Christmas presents. But the damage and injuries sustained on Black Friday can last years or even lifetimes.

So here are the five most common Black Friday injuries, how to avoid them, and what to do if you can't:

1. Parking Lot Injuries: When Can You Sue?

Sometimes the injuries happen before you even make it in the front door. Considering the increase in shoppers, cars, and traffic, this is more likely than ever on Black Friday. But are stores liable for what happens in the parking lot? What if multiple stores share one lot?

2. How Not to Get Hurt in a Black Friday Stampede

If you've made it through the gauntlet of the parking lot, you've still got to survive the initial rush through the doors. Unsurprisingly, this is where a majority of Black Friday injuries occur. While stores have gotten a bit better about crowd control (following many lawsuits, of course), any time that many people are squeezing through that small of a space, injuries are bound to occur.

3. Shopping Cart Injuries: When to Sue

If you're still standing, it's time to grab a shopping cart. Most Black Friday shoppers aren't waiting that long and trampling their fellow humans to buy just one item. And if you thought there was a rush through the door, just wait for all those people hightailing it to the electronics department armed with a metal grate on convulsive wheels, and then their subsequent rush to the registers.

4. Can You Sue If a Box Falls on You at a Store?

Stores have stocked their shelves to the sky for Black Friday. And when customers start yanking out items willy-nilly, all that careful stacking goes out the window.

5. If You're Injured in a Fight, Can You Sue?

Not all Black Friday injuries are accidents. In a mad rush into and through a store, a lot of feathers can get ruffled, especially if there's only a limited number of a certain item. Are assaults only a criminal matter? Does the store bear any responsibility?

Considering the myriad ways you could be injured on Black Friday, you might just want to do your shopping online, in the safety of your own home. If not, you may need the services of an experienced injury attorney.

Related Resources:

LAPD Cop Films Himself Planting Cocaine in Suspect's Wallet

FindLaw Headlines - Fri, 11/17/2017 - 13:15
Crooked cops still haven't figured out how their body cameras work. Apparently, no one told them the cameras record the 30 seconds before you turn it on as well. This is good news for defendants accusing cops of planting evidence. And, as we've seen in at least three recent......

Washington Supreme Court: Immigration Status 'Generally Inadmissible' in Court

FindLaw Headlines - Fri, 11/17/2017 - 13:13
There are times when a person's immigration status will be relevant in a court of law. Say, if a person is accused of falsifying documents to hide that status. It could also come up if a witness is receiving some immigration benefit in exchange for or in order to......

5 Biggest Recent Slip and Fall Cases

FindLaw Injury News - Fri, 11/17/2017 - 13:10

Last week, an Alabama jury awarded $7.5 million to a man who fell while shopping for watermelons at a local Walmart. That may seem like a lot for a simple slip and fall, but security camera footage showed several shoppers suffering similar entanglements with a pallet hidden beneath the watermelon display, and Henry Walker went from playing basketball a few times a week with his friends to needing a walker just to get around after shattering his hip.

The case got us thinking about some of the biggest jury awards and settlements following slip and fall lawsuits, so here are the top five from our archives:

1. Slip-And-Fall Leaves Man Blind; Jury Gives Him $4M

Earlier this year, a jury found in favor of Bill Waite, who fell down an unmarked step along an otherwise level sidewalk. Waite, who previously had little to no functional eyesight in his right eye, struck his left eye against a chair, leaving him effectively blind.

2. Las Vegas Comedian Wins $1.3M Casino Injury Suit

The fall that left comedian George Wallace "permanently hobbled" with tendon damage was no laughing matter. The jury found the Bellagio liable for the onstage wiring in which Wallace became entangled, and compensated him for lost income.

3. Student Paralyzed in Apt. Fall to Get $11.6M

Lorna Bernhoft fell through a raised skylight opening on the fourth floor of an off-campus residence while a student the University of Pennsylvania. The fall left her paralyzed, and she reached an out-of-court settlement with the building's owners.

4. CO Trucker Wins $10M in Walmart Slip and Fall

In another case involving Walmart, Holly Averyt suffered debilitating back injuries resulting from a grease spill on a Greeley Walmart's loading dock. The retailer didn't do itself any favors in court, denying a spill ever existed before being confronted with city records of a grease spill investigation at the site.

5. Jury Awards $3.2M to Woman Injured at Ikea Store

Not a slip, but certainly a fall -- Xiaolei Zeng suffered a crushed pelvis when an eight-foot-high stack of countertops fell on top of her in a Potomac Mills, Virginia Ikea. Doctors testified during the trial that Zeng would likely suffer from lifelong pain.

Related Resources:

5 Biggest Recent Slip and Fall Cases

FindLaw Headlines - Fri, 11/17/2017 - 13:10
Last week, an Alabama jury awarded $7.5 million to a man who fell while shopping for watermelons at a local Walmart. That may seem like a lot for a simple slip and fall, but security camera footage showed several shoppers suffering similar entanglements with a pallet hidden beneath the......

Common Myths About Child Custody Disputes

FindLaw Headlines - Thu, 11/16/2017 - 15:02
Child custody disputes can be some of the most hard-fought legal battles in the courts. And in the fog of war, a lot of misconceptions can spread. To be fair, the one constant throughout all child custody determinations is that courts or arbitrators will make their decisions based on......

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