Legal News

Do I Need a Lawyer to Get a Liquor License?

FindLaw Headlines - Tue, 02/20/2018 - 14:08
Starting a business takes time, money, and knowledge of not only the area of business that you'll be engaged in, but also of laws and regulations that apply to your type of business. For example, most businesses are required to obtain various licenses and permits in order to legally operate......

Teen Given Probation for Starting Oregon Wildfire

FindLaw Headlines - Tue, 02/20/2018 - 14:03
Fires can cause a lot of damage from destroying nature and people's homes to killing people. When an individual starts a fire intentionally, he or she may end up facing an arson charge, which is usually classified as a felony. But, even if the act of starting the fire doesn't......

Can Victims of a Mass Shooting Sue the Government?

FindLaw Headlines - Fri, 02/16/2018 - 17:03
The best answer is, it's unlikely. True, litigants sue the government every day, over alleged civil rights violations, controversial laws, run-of-the-mill personal injury claims against government agencies and employees, and more. The real question is usually less about whether you can you sue the government, and more about the......

Can Victims of a Mass Shooting Sue the Government?

FindLaw Injury News - Fri, 02/16/2018 - 17:03

The best answer is, it's unlikely. True, litigants sue the government every day, over alleged civil rights violations, controversial laws, run-of-the-mill personal injury claims against government agencies and employees, and more. The real question is usually less about whether you can you sue the government, and more about the likelihood of success.

Suing the Government Is an American Tradition

Overall it's fairly common to sue the government. Special needs students may challenge a school district's educational offerings. People deprived of their rights by government policies may challenge those policies in court. Even ordinary claims for money damages -- arising out of personal injury, death, or property damage -- can be litigated before an administrative agency or judge.

What's less certain is what happens in exceptional cases. Most (successful) lawsuits against the government rely on recognizable claims, alleging violations of well-accepted rights or duties, seeking relief for identifiable injuries or losses. Suing the postal service after a mail carrier crashes their mail truck into your house, for example, is pretty routine.

But lawsuits based on novel legal theories, expanded notions of rights, or for damages that are difficult to ascertain are a different matter. They're not impossible. Some of the most celebrated cases in legal history were filed on a prayer. Mass shooting lawsuits fall into that bucket.

What About Mass Shootings?

The obvious person(s) to sue is the person(s) responsible for resulting injuries. The reality is that they're often judgment proof. And it's unusual for courts to find someone else -- even governments -- legally liable for their crimes. Maintaining safe premises in schools or office buildings is one thing. Responsibility for someone else's intentional, criminal acts enters into a different realm.

Related Resources

Lawsuit Claims Vice Media Pays Women Less

FindLaw Headlines - Fri, 02/16/2018 - 17:00
Vice Media, which operates the Viceland cable channel, is the latest company to face allegations of discrimination against female employees. Elizabeth Rose, a former employee of Vice Media, has filed a lawsuit against the company alleging that Vice Media discriminates against its female employees by "systematically and intentionally paying them......

Texas Cash Bail System Ruled Unconstitutional

FindLaw Headlines - Fri, 02/16/2018 - 16:49
The U.S. Court of Appeals for the Fifth Circuit has concluded that Houston's bail system is unconstitutional. The decision affirms a district court's findings in a class action lawsuit alleging that Harris County's bail bond practices violated the Due Process and Equal Protection rights of indigent defendants......

Lawsuit Claims Harvey Weinstein Issued Death Threats to Employees

FindLaw Headlines - Fri, 02/16/2018 - 14:43
Another day, another lawsuit against Harvey Weinstein. Weinstein was one of the powerful figures in Hollywood up until being accused of sexual harassment and assault by several women. The latest lawsuit filed by the New York Attorney General is a result of a four month investigation.This lawsuit has been filed......

Coinbase Overcharging Users and Emptying Bank Accounts

FindLaw Headlines - Fri, 02/16/2018 - 13:10
Keep an eye on your bank account! It's good advice at all times, but for cryptocurrency enthusiasts it's especially true right at the moment. Customers of Coinbase, a cryptocurrency exchange, are reporting that the company is overcharging, double-charging, and in some cases emptying their bank accounts with unauthorized transactions.......

Can Your Company Avoid Biometric Privacy Lawsuits?

FindLaw Headlines - Thu, 02/15/2018 - 16:58
Biometrics has been all the rage the last few years, offering a good way to ditch your "Password1" password for something uniquely identifiable and entirely yours. Businesses have increasingly adopted biometrics to replace tickets, employee ID badges, time clocks, and customers struggling to remember a password before purchasing a......

Is It Illegal to Let a Friend Borrow Your Gun?

FindLaw Headlines - Thu, 02/15/2018 - 16:52
Your gun, your rights, your problem? It's pretty common in America to let someone borrow, use, try, or otherwise handle a firearm. Hunters do it in the woods, shooters at the range, purchasers at trade shows, and kids at summer camps. Put those scenarios to one side, then consider......

Tips for Students to Help Prevent School Shootings

FindLaw Headlines - Thu, 02/15/2018 - 14:04
It unfortunately seems that the frequency of school shootings has increased. Just yesterday, at least 17 people were killed during a school shooting in Florida. Every time there's a school shooting, the debate on gun control comes to the forefront of the news. While this is a valid debate, it......

Applebee's Fires 3 for Racial Profiling

FindLaw Headlines - Wed, 02/14/2018 - 17:11
An Applebee's restaurant has fired three employees and temporarily closed after admitting to racially profiling two diners. It's a lesson for all small business owners in the importance of properly training employees, being sure about your facts before accusing people of stealing from you, and social media's power to......

Student Loan Forgiveness Options May Disappear Under New Budget Plan

FindLaw Headlines - Wed, 02/14/2018 - 17:04
Higher education is important to many people, but it doesn't come cheap. In order to get a college or graduate degree, many people need student loans. Of course, the hope is that once you receive a degree, you'll be able to get a job, and repay your student loans.However, this......

No Insurance Coverage for Golf Charity's Hole-In-One Contest

FindLaw Headlines - Wed, 02/14/2018 - 17:02
A hole-in-one is a rare occurrence in golf. But two together is rarer still. It does happen, however, as Old White Charities, a non-profit, learned the hard way during its hole-in-one contest at the 2015 Greenbrier Classic and Pro-Am golf tournament. What really sunk the charity is that its......

Do Businesses Have to Give Federal Holidays Like President's Day Off?

FindLaw Headlines - Wed, 02/14/2018 - 13:26
The third Monday of February has been declared by the federal government to be President's Day. This means that government workers generally get that day off. But what about people in the private industry? While a day off is nice -- whether you're an employee or the owner -- it......

Is It a Crime to Mail White Powder Even If It's Harmless?

FindLaw Headlines - Tue, 02/13/2018 - 17:10
You can never be too careful, opening your mail. Sure, much of it is junk and some of it may include requests for money from your long lost third cousin you never knew you had. But the U.S. Postal Service delivers 506.4 million pieces of mail each day, sent by......

Prison Sentence Upheld for Man Who Pointed Laser at KC Police Helicopter

FindLaw Headlines - Tue, 02/13/2018 - 17:07
It's a crime, and it deserves time. A federal appeals court has affirmed a judge's three year prison sentence for Jordan Clarence Rogers, who repeatedly pointed a laser at a Kansas City police helicopter. Doing so temporarily blinded the pilot. Now it's sent Rogers to federal prison.......

New Uber Policy: Drivers Must Rest 6 Hours After Driving 12 Hours

FindLaw Headlines - Tue, 02/13/2018 - 16:14
Your Uber experience is getting a little safer. In a nod to the old adage that injured customers and cranky employees -- I mean, independent contractors -- are bad for business, the ride-sharing company is rolling out a feature forcing Uber drivers to take 6 hours off after driving......

Jared Fogle Claims Judge Was Biased Because She Has Teenage Daughters

FindLaw Headlines - Tue, 02/13/2018 - 15:03
Jared Fogle, who became famous as the face of Subway's healthy sandwiches, is back in the news. And it's not for sandwiches. Back in 2015, it came to light that Fogle possessed child pornography and had a thing for minors.Instead of going to trial, Fogle plead guilty to child porn......

Florida Woman Sentenced for Kidnapping Newborn

FindLaw Headlines - Tue, 02/13/2018 - 14:06
Kidnapping is a serious crime, usually classified as a felony in most states. Just ask Gloria Williams, who was arrested in January 2017 for kidnapping Kamiyah Mobley as a newborn. Instead of going through a trial for the kidnapping, Williams has decided to plead guilty to the crime she committed......