In many injury cases, the losing party is often saddled with paying the winning party’s attorney’s fees. But this isn’t always the case. In fact, it’s often up to the court’s discretion as to whether to award the prevailing party attorney’s fees as part of his or her damages. Let’s look at some notable cases in which the losing party does – and does not – have to pay attorney’s fees:...
An Arizona grandpa received a $30,000 out-of-court settlement for his injuries after two local police slammed the man to the ground during a havoc-filled Black Friday arrest. The city of Buckeye, Arizona, agreed to settle with Jerry Newman, 54, who was injured by less-than-gentle Buckeye police officers during a trip to the town’s Walmart on Black Friday 2011, reports AZfamily.com. Newman also sued Walmart and reached a separate settlement that was not disclosed....
It’s official: Hostess will not be restructuring its bankruptcy. On Friday, the company asked a bankruptcy judge for permission to liquidate its assets, CNNMoney reports. Twinkie lovers across the country are lamenting the news that their beloved cream-filled snacks may soon be unavailable. The decision to close the brand for good came after months of negotiation between Hostess and a major union were unsuccessful, according to Reuters. This is a hard time for fans of Ding Dongs and HoHos everywhere, and we’re here for you in your hour of need....
In New York’s Hudson River, two bodies have been found after a deadly speedboat crash on Friday night. Mark Lennon, 30, who was set to be the best man at an upcoming wedding, was killed along with bride-to-be Lindsay Stewart, also 30, reports Reuters. Searchers found the bodies over the weekend. The speedboat had four others aboard – the boat’s driver and members of Stewart’s wedding party – when it crashed into a barge below the Tappan Zee Bridge in Piermont, New York....
Joining your business forces in a joint venture can be a boon for your business and your future goals. But there are a few things any adventurous joint venturer needs to keep in mind. For example, what exactly are you bringing into the new venture? What happens if it doesn’t work out? And are you adequately protected, legally speaking? By remembering these five tips, a small business owner can embark on a joint venture with much fewer legal worries:...
A jury has ordered Ikea to pay $3.2 million in damages to a Virginia woman who was injured when a stack of countertops fell on her at the furniture giant’s Potomac Mills store, the Washington Post is reporting. Xiaolei Zeng, a 36-year-old woman from Arlington, VA suffered a crushed pelvis when an eight-foot-high stack of countertops fell on top of her in an “As Is” section of the store. According to the Post, before her injuries Zeng was an avid international traveller, hiker, and bicyclist, but “now can walk only about three blocks before the pain becomes too much....
Brett A. Roy, paralyzed as a result of a swimming accident in a Rhode Island state park, lost his bid for compensation on Monday when, after 7 days of deliberation, a jury sided with the state, awarding the injured man nothing. What’s fascinating about this case is not the outcome, but instead the fact that it was premised on a unique state statute that overrode the jury’s decision that both parties were equally at fault....
The ACLU has filed a lawsuit against the new Kansas abortion insurance regulations. They argue that the Kansas abortion law, which forbids private insurers from covering the procedure if it’s elective, is unconstitutional. The newly-passed law makes it illegal for private insurers to cover elective procedures. Abortion procedures that are necessary to save the mother’s life can still be covered by insurance, reports The Kansas City Star. The ACLU is hoping to get the law stopped on grounds that it is an unconstitutional violation of due process and equal protection....
The Los Angeles County Board of Supervisors has voted to convene a task force to study problems with public safety at raves. The vote comes after the death of a fifteen year old girl last month during the two-day Electric Daisy Festival at the Los Angeles Memorial Coliseum. Authorities believe the death of Sasha Rodriguez, who collapsed at the festival, was drug related, but are still waiting on toxicology reports....
Aaron’s, Inc., a national rent-to-own retailer, is being sued by a Wyoming couple in Pennsylvania after the couple realized that a laptop it had purchased was equipped with software that was secretly snapping pictures via the computer’s webcam. Why, exactly, has nothing concrete been done about laptop spying? After making their final payment on a laptop purchased from a local Aaron’s, Brian and Crystal Byrd were visited by the store’s manager who claimed that they did not pay their bill....
There are a number of steps one must take in order to modify a child support order. In general, the payment amount may be increased or decreased depending on certain circumstances. Here’s a step-by-step guide on how to modify child support: Depending on the nature of the changed circumstances, the court may grant either a temporary or a permanent modification. A temporary modification may be granted for a temporary financial or medical hardship....
Would you like fries with your glass McChicken sandwich? Vjollca Lecaj claims that a Chicago McDonald’s served her a sandwich with an extra ingredient: pieces of broken glass. She has filed a lawsuit in Cook County Circuit court against the world’s biggest fast food chain, CBS/WBBM reports. Lecaj alleges that biting into the glass McChicken caused her “severe and permanent oral injuries as well as great pain and anguish.” She claims that McDonalds failed to adequately maintain, inspect and monitor the restaurant’s kitchen....
A mother’s New York City subway lawsuit seeks $50 million for the death of her son, who was roaming the underground tunnels after a night of partying with friends. Marva Nelson faults NYC’s Metropolitan Transportation Authority for not doing a diligent enough search for her son Briant Rowe, 24, of Brooklyn, after he jumped onto the tracks in November, the New York Daily News reports. “If proper protocols were enforced, it is our view that Briant would still be alive today,” Nelson’s attorney told the Daily News....
A proposed New Jersey bill would authorize local businesses to offer ladies’ night specials and promotions–which were ruled a violation of the New Jersey Law Against Discrimination in 2004 in a ruling by the state Division on Civil Rights. The hoopla started over a cover charge that a man had to pay at a local bar on a night when women were being admitted in for free. The complaint made it’s way to the state Division on Civil Rights–which ruled in 2004 that ladies’ night promotions violated the state’s Law Against Discrimination....
If the Supreme Court got the numbers right, as a result of Tuesday’s deadbeat dad ruling, there will soon be significant changes to a court’s ability to enforce child support orders against parents who fail to pay. Though it rejected the argument that parents are entitled to free counsel if facing jail for non-compliance with a support order, the Court still offered deadbeat dads some Constitutional protections. Namely, a parent who fails to pay child support can’t be punished if he actually can’t afford to pay....
Former Papa John’s CEO John Schnatter is suing the pizza chain he founded following his ouster last month. Schnatter had already stepped down as CEO in January, after blaming poor sales on the NFL for not adequately responding to player protests during the national anthem. Then, while on a July conference call with a public relations firm hired to help the company refurbish its image, Schnatter complained, “Colonel Sanders called blacks n*****s and Sanders never faced public outcry....
The corsages have long since wilted, but if you have been following the story of gay Mississippi teen Constance McMillen, you still may be interested to hear that a settlement has been announced between McMillen and the school district she sued for the violation her constitutional rights after they cancelled her senior prom. Earlier this year, McMillen sued after the Itawamba County School District refused to hold the prom, rather than permit her to attend with her girlfriend....
California small business owners have it tougher than most small business owners in the country. According to the Los Angeles Times, California small business bankruptcies grew by 81% over the past fiscal year, compared to the previous fiscal year. These percentages were provided by the credit agency Equifax, Inc. While these numbers may seem depressing, experts warn that numbers may be even higher because most small business owners start their businesses as sole proprietorships and file for personal bankruptcy versus commercial bankruptcy....
Let’s face it, when you were getting your company started, you probably weren’t thinking about how your days with it would end. And even some serial entrepreneurs haven’t perfected their exit strategies. In some cases, it can be hard to say goodbye to the business you built; in other cases, it seems impossible to extricate yourself from your partners. Either way, having an exit strategy can not only help your leave your small business efficiently and on good terms, it can ensure your business keeps going after you’re on to the next thing....
A Target shopper is suing over an alleged data breach that’s believed to have affected 40 million customers at Target stores. The retail giant revealed last week that customers who used credit or debit cards at Target stores between November 27 and December 15 may have had their personal information compromised, reports Bloomberg. As a result of this data breach, millions of consumers may be wondering what steps to take to protect their private information – and whether they may also have grounds for a lawsuit....
