Legal News

Theranos Founder Elizabeth Holmes Indicted on Conspiracy, Wire Fraud Charges

FindLaw Headlines - Tue, 06/19/2018 - 12:09
Elizabeth Holmes was 19 when she founded Theranos in 2003. At its peak, the blood-testing company was valued at $9 billion in 2013 and '14. Since then, the fall of Theranos and Holmes has been precipitous. The company has faced numerous lawsuits from investors, clients, and customers, accusing it......

21-Year-Old Made $1.6M in 23 Days; Yep, It Was a Scam

FindLaw Headlines - Mon, 06/18/2018 - 16:25
You may have heard the term 'drug mule' -- a person who, wittingly or not, transports illicit drugs across the border. You may not, however, have heard of a 'money mule.' These folks set up bank accounts to funnel ill-gotten money from U.S. business to international scam artists. Being......

So, What Did the Supreme Court Say About Gerrymandering?

FindLaw Headlines - Mon, 06/18/2018 - 13:22
The long-standing practice of gerrymandering -- redrawing voting district lines to favor the political party in power -- has come under increased scrutiny in recent years. And two legal challenges to partisan gerrymandering, one from Maryland and the other from Wisconsin, made their way to the Supreme Court this......

Pool Safety and the Law: A Legal Roundup

FindLaw Headlines - Fri, 06/15/2018 - 16:42
It's summertime, meaning you're probably going to be spending some time around the pool during the next few months. Few things are more relaxing than being pooling on a sunny day, and, unfortunately, few places are as dangerous, to children and adults alike. Sadly, accidents happen at swimming pools.......

Pool Safety and the Law: A Legal Roundup

FindLaw Injury News - Fri, 06/15/2018 - 16:42

It's summertime, meaning you're probably going to be spending some time around the pool during the next few months. Few things are more relaxing than being pooling on a sunny day, and, unfortunately, few places are as dangerous, to children and adults alike.

Sadly, accidents happen at swimming pools. And when they do, whose fault are they? That could depend on whose pool it is and the type of injury involved. Here's a look at pool safety and the law, from our archives:

1. 3 Ways Your Pool Can Land You in Legal Hot Water

If you're lucky enough to own your own pool, congratulations. But with it comes some legal liability as well. A swimming pool, in legal parlance, is an "attractive nuisance," meaning pool owners have a higher standard of care when it comes to warning about the dangers of pools and keeping children from injuring themselves. This could mean mandatory fencing or signage, depending on where you live.

2. Who Is Liable for Drowning and Accidents in Private Pools?

Under premise liability doctrines, property owners and inhabitants can be responsible for injuries that occur on their property. And this can be true for both invitees and trespassers as well. Just because you didn't invite someone to your pool doesn't mean you won't be liable if they are injured in or around it. And you'll probably want to keep a close eye on guests as well.

3. Injured at a Public Pool? 3 Tips for Filing a Claim or Lawsuit

Liability at a public pool may be a little different, depending on who is responsible for the injury. If you're injured by another visitor to the pool, that individual may be liable. If employees failed to maintain safe conditions at the pool, they or their employer could be responsible. Additionally, injury claims against municipal or government agencies may have to follow different procedures than your average civil lawsuit.

4. Lifeguards and Liability: 3 Things Swimmers Should Know

Pool lifeguards are in a unique position, as they are hired and trained specifically to ensure swimmers' safety. State laws can vary when it comes to certifications, regulations, and on-the-job duties, but lifeguards are generally held to a higher standard of care than the average pool patron, and they are normally not covered by "Good Samaritan" laws.

5. 3 Key Factors in a Swimming Pool Injury Suit

Pool ownership and oversight, as well as state-specific statutes can each affect who and how you sue after a swimming pool injury.

If you or a loved one has suffered a swimming pool injury, consult with an experienced personal injury attorney today.

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Paul Manafort, Trump's Former Campaign Manager, Is Going to Jail

FindLaw Headlines - Fri, 06/15/2018 - 14:35
In October 2017, President Trump's former campaign manager, Paul Manafort, surrendered to the FBI after being indicted on a litany of charges, including conspiracy against the United States, conspiracy to launder money, failing to file reports of foreign bank and financial accounts, and making false and misleading statements in......

Father's Rights Roundup, Just in Time for Father's Day

FindLaw Headlines - Fri, 06/15/2018 - 13:40
Father's Day is this Sunday, so get dad a card, at least, OK? Being a father can mean a lot of things, and every father-child relationship is unique. But what does being a dad mean legally? What are your rights? Your responsibilities? Here's a roundup of some of our......

Who Gets New Land Formed by Lava?

FindLaw Headlines - Fri, 06/15/2018 - 12:18
Want to get in on the hottest new market in real estate? You might have to let it cool down for a bit, first. By some estimates, the most recent eruption of Hawai'i's Kilauea volcano has added about a mile of new land on the island's coast. This is......

When Is It Too Late to Apply for Citizenship?

FindLaw Headlines - Thu, 06/14/2018 - 13:52
As many people undoubtedly know, the U.S. citizenship and naturalization process can be fraught with complicated paperwork, legal requirements, filing fees, and a whole lot of waiting. The time it takes to gain citizenship can seem interminable. But is there a time by which you must apply for citizenship,......

Florida Cops Frame Kid to Fake Perfect Crime Stats

FindLaw Headlines - Wed, 06/13/2018 - 15:20
The public loves to hear that police are solving crimes. Local politicians love it even more. So law enforcement officers and officials are under pressure to deliver the goods when it comes to their crime statistics. In a July 2013 city council meeting, former Biscayne Park Police Chief Raimundo......

Cheesecake Factory Owes Underpaid Janitors $4M

FindLaw Headlines - Wed, 06/13/2018 - 14:41
Janitorial work is not fun. Overnight janitorial shifts can be even worse. And working eight hours overnight cleaning a Cheesecake Factory without rest or meal breaks, and then having a kitchen manager come in and tell you there more to do before you can leave? Well, you better be......

Is It Accurate to Say: 'The President Is Not Above the Law?'

FindLaw Headlines - Tue, 06/12/2018 - 17:45
When a federal judge ruled that President Trump violated Twitter users' First Amendment rights by blocking them from his @realDonaldTrump account, she warned: "Because no government official is above the law ... we must assume that the President ... will remedy the blocking we have held to be unconstitutional."......

Legal Roundup: The Presidential Power to Pardon

FindLaw Headlines - Tue, 06/12/2018 - 17:33
Last week, President Donald Trump outlined the full scope of his presidential power to pardon. "As has been stated by numerous legal scholars, I have the absolute right to PARDON myself," Trump tweeted, "but why would I do that when I have done nothing wrong?" Why, indeed? It was......

Public Nuisance Lawsuit Leads to Bar Booze Ban

FindLaw Headlines - Tue, 06/12/2018 - 17:32
Multiple shootings, assaults, aggravated robberies, narcotics, and other crimes. At least four patrons arrested on charges of driving while intoxicated. One intoxication assault of a police officer. A grand total of 90 arrests at the location since it opened. Perhaps Harris County District Attorney Kim Ogg wasn't far off......

Texas Bar Sued for Overserving Man Who Shot, Killed 8 People

FindLaw Headlines - Tue, 06/12/2018 - 13:36
On September 10, 2017, Spencer Hight walked into his estranged wife's home and opened fire on the football watch party she was hosting with an AR-15, killing her and seven of her guests. Before the shooting, Hight had been drinking at a bar down the street and was allegedly......

Texas Bar Sued for Overserving Man Who Shot, Killed 8 People

FindLaw Injury News - Tue, 06/12/2018 - 13:36

On September 10, 2017, Spencer Hight walked into his estranged wife's home and opened fire on the football watch party she was hosting with an AR-15, killing her and seven of her guests. Before the shooting, Hight had been drinking at a bar down the street and was allegedly visibly intoxicated while he was being served.

Now parents of three of Hight's victims are suing the Local Public House in Plano, Texas, as well as the bartender who served him, claiming the bar was grossly negligent in failing to monitor Hight's alcohol consumption and continuing to serve Hight alcohol, and also that his intoxication was "a proximate cause" of the shooting.

The Bar Before the Bloodshed

Hight's behavior in the bar before he left was allegedly so alarming -- including spinning a knife on the bar and placing a gun on his table -- that bar employees called 911, but not in time to prevent the shooting. Dallas's WFAA has the details of the evening, according to the lawsuit:

The suit alleges Lindsey Megan Glass, a bartender at the Local Public House, knowingly over served a visibly intoxicated Hight before the fatal shooting spree. Glass allegedly continued to serve Hight alcohol despite seeing him walk with an "unsteady gait" and bump into patio furniture while "extremely intoxicated."
The suit then claims Glass texted another bartender, Timothy Brandt Banks, to tell him Hight was "drunk and being weird" and displayed a knife. Hight then allegedly displayed a gun and was later escorted out of the bar by Banks to his car, where the bartender asked him to leave his weapons before he reentered the business.

"Hight told Banks he was having problems with his estranged wife and had something to do 'tonight'," the lawsuit claims. "Banks told Hight he should do them when he is sober to which Hight responded that he 'couldn't do the things he needs to do tonight without being this intoxicated.'"

Ultimately, Banks was concerned "something bad was going to happen" and called the bar's owner, Jerry Owen, to ask whether he should call police, but Owen allegedly told him not to. Banks also asked whether he should tackle Hight as he watched him leave, and Owen once again said no.

Overserving Lawsuits

So-called "dram shop laws" can hold sellers of intoxicating liquors liable if a third party is injured as a result of a customer's intoxication. Texas's Dram Shop Act holds establishments liable for selling alcohol to obviously intoxicated persons if:

  1. at the time the provision occurred it was apparent to the provider that the individual being sold, served, or provided with an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself and others; and
  2. the intoxication of the recipient of the alcoholic beverage was a proximate cause of the damages suffered.

Given Hight's behavior in the bar and statements about what he was going to do, the victims' parents appear to have a pretty good case against the bar. If you have more questions about bar liability in injury cases where someone was overserved, contact an experienced injury attorney.

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Injured Fan's Foul Ball Lawsuit Against Red Sox Shows Weakening of 'Baseball Rule'

FindLaw Headlines - Tue, 06/12/2018 - 12:28
Ah, the "baseball rule," one of those little legal quirks that tends to favor Major League Baseball teams by prohibiting lawsuits from fans injured by foul balls or even flying bats. The rule is based on the idea that fans have assumed the risk of such incidents by attending......

Supreme Court OKs State Voter Purge Practice

FindLaw Headlines - Tue, 06/12/2018 - 12:21
Voter eligibility and voter fraud have been big topics over the past few elections, with voting rights and voter ID laws seemingly in constant flux. One of the ways in which some states try to maintain accurate lists of eligible voters is by culling its voter rolls of people......

Wisconsin Lakefront Property OK for Short-Term Rental, Court Rules

FindLaw Headlines - Mon, 06/11/2018 - 13:09
In the age of the part-time gig and the side hustle, many people try to make extra income by renting out their homes through companies like Airbnb. But not everyone loves these endeavors. The hospitality industry often sees it as a threat and fights it in many cities. And community......

When Should Parents Sue for Birth Asphyxia?

FindLaw Headlines - Mon, 06/11/2018 - 13:05
It sounds odd, but most of us parents love our kids so much, we've imagined all sorts of terrible and tragic ways they could get hurt. It's actually a sort of built-in function that allows us to anticipate danger and find ways to prevent it. Unfortunately, some danger and injuries......

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