Posts

Today the Supreme Court reversed the award of damages to a former railroad worker based on his fear of developing cancer in the future. The Court held that the damages award could not stand because the jury was not specifically instructed that a plaintiff claiming fear of cancer must prove that the fear is “genuine and serious.” In the case, CSX Transportation Inc., v. Hensley, a former railroad electrician claimed that his old employer caused him to develop asbestosis (noncancerous scarring of the lung tissue) through long term exposure to asbestos....

Reality show employment contracts are kept under tight wrap from the public eye, but once in a while we are able to piece together their contents by unexpected changes to shows. Jon Gosselin of the TLC show “Jon and Kate Plus 8” has become the subject of an employment contract gone sour, and the show’s multi-million viewer fan base has seemingly eroded along with the contract agreement. The family show “Jon and Kate Plus 8” originally followed the married couple as they raised their 8 children....

The family of Bryan Jones is suing the Sandusky Sheriff’s Office for $20 million based on a bizarre series of events that left Jones’ body riddled with bullets in his head and body. The parents of 26 year-old Bryan Jones phoned authorities when they were concerned that they son would be violent after drinking and potentially engaging in some type of illegal substances. The police responded by sending out a tactical response team that flash-banged the home and then fired multiple bullets into Bryan, who was sleeping on the family couch at the time of the attack....

Gay marriage bans in Kansas and Missouri were struck down by federal and state courts, respectively, this week. However, a ruling by the 6th U.S. Circuit Court of Appeals has upheld bans on gay marriage in Kentucky, Tennessee, Ohio, and Michigan. On Wednesday, CNN reports that a St. Louis circuit judge struck down Missouri’s prohibition on same-sex marriage, ordering officials to issue marriage licenses to gay couples seeking to get married....

A Detroit woman returned home after being away for a year to discover that a squatter had taken up residence in her home. In Michigan, a squatter has certain rights and cannot be evicted until there is a legal proceeding. As a result, the homeowner, Heidi Peterson, her one-year-old daughter, and the squatter all must now live together under the same roof, reports Fox News. During Peterson’s absence, the squatter even took the initiative and made repairs on the home....

Whether you vandalized a bathroom in a foreign country and got charged with falsifying a police report or you actually did get robbed abroad, one of the first places you’ll turn to for help is the U.S. Embassy. Embassy officials can help with everything from lost or stolen travel documents to hooking you up with a local lawyer. So if you get into some trouble overseas, here’s how the U.S. Embassy can help....

If you’re the victim of medical malpractice, you could be entitled to compensatory damages, which are intended to repay you for a particular loss, detriment, or injury. (These differ from punitive damages which are intended to punish bad actors.) A specific set of compensatory damages covers pain and suffering, and in medical malpractice cases, that can be significant. But healthcare providers have tried to push back on pain and suffering damages and limit the amount that can be awarded in a medical malpractice case....

The health care industry is in a state of flux, and not just over the Affordable Care Act. Medical tourism, when patients travel to foreign countries for medical care, is a burgeoning trend. In 2014, 1.4 million Americans embarked on medical tourism, and that figure is expected to climb. The first question many people ask is “Is this legal?” The short answer is yes. Laws are enforceable by jurisdiction. Just like a California law doesn’t apply in Alabama, an American law doesn’t apply in China....

San Francisco Fire Chief Joanne Hayes-White has been ordered by a judge to have her wages garnished to pay spousal support to her ex-husband. Where else, but the City by the Bay can you see this level of gender role-reversal? Hayes-White will have $3,300 taken from her paycheck every month to pay past due alimony to her former spouse, Robert “Sean” White. The fire chief stopped paying White 14 months ago, the San Francisco Chronicle reports....

Jurors in Texas awarded six California plaintiffs $1.041 billion in a lawsuit against Johnson & Johnson and its subsidiary, DePuy Orthopaedic, over defective hip implants. It’s another ignominious defeat for J&J, who’ve been hit with six of the seven largest jury awards this year, according to the American Bar Association. It’s also another in a long line of lawsuit losses for J&J and DePuy over their hip implants, which plaintiffs allege cause tissue death, bone erosion, and other injuries....

Most entrepreneurs have a laser focus on their companies, and that doesn’t leave a whole lot of time to keep up with the latest legal cases. (After all, that’s what they pay their attorneys for.) But small business owners are going to have a big interest in what’s going on in the Supreme Court this term, with cases touching on just about every aspect running a business, from employee unions to customer discrimination to patent and intellectual property law....

We all know tug-of-war games can get aggressive, but two students actually severed their fingers in a tug-of-war match at school. The friendly game turned gruesome for two teens at California’s South El Monte High School, where the tug-of-war was part of “spirit week” festivities. About 40 students were participating in the game during lunch time Monday, Los Angeles’ KTLA-TV reports. The rope snapped, and two students had their fingers severed....

We hear a lot about the Ubers, the Airbnbs, and the Snapchats, privately-held tech startups valued at over $1 billion known in the industry as “unicorns.” But not every startup ends well. And one story that surfaced recently tells the tale of a startup going down in flames. A marketing professional relocated from Dallas, Texas to Silicon Valley to chase a startup dream. But from her account of a month on the job, she lived closer to a startup nightmare....

Guest post by Jennifer K. Halford, Esq. Many business owners see the value of having a good business plan when they are trying to obtain financing. Banking institutions and venture capitalists want to see when they can expect a return on their investment. And a business plan can show that information in an organized manner . But few business owners know the preventative value of a solid business plan. Creating and regularly updating your plan can help you protect your business from legal liabilities....

You could call it a $1.7 billion buzzkill. Almost 100 people were arrested for the commercial growing of marijuana in California’s Sierra Nevada range. The arrests came as part of a 450 agent collaboration between federal and state agents targeting operations of Mexican cartels. The arrest led to the destruction of 432,000 plants and $1.7 billion in pot seized. According to Fresno County Sheriff Margaret Mims, Mexican drug cartels are intertwined with US domestic marijuana production....

Parents at Piedmont High School in California received an upsetting letter from the principal last week about a ‘Fantasy Slut League’ at the school. The league involved a competition among some male students to earn the most ‘points’ through documented sexual activity with certain female students. The girls didn’t know about the competition and in some cases fell victim to it. The issue came to light recently and the school is investigating internally....

A notario, or notary public, is not a lawyer and cannot practice law in the United States. Confusion about what a notary public can do in the US is common for many immigrants, however, because in some other countries, notaries can act as attorneys. Not so here. But some notary publics take advantage of immigrants, leading them to believe that a notary can advise them on the law. Do not hire a notary to handle your immigration matter – for that you need a lawyer....

The number of startups has been steadily increasing, with 2010 boasting a 15-year high with 565,000 new startups each month. Experts pin the growth on unemployment and dissatisfaction, but, according to CNN Money, experts also caution that starting a business out of desperation is not the right path to startup success. Even if a lack of contentment is behind your startup, that doesn’t mean you can’t be successful in your venture....

Your business may have a casual and fun atmosphere, which may border at times on juvenile. But you should think twice about letting your workplace become like a locker room or frat house. Not only is the image of a locker room not consistent with a professional (and clean-smelling) workspace, but it may encourage misconduct that could open your business to liability. So before you join in on a light-hearted office prank, consider these five ways in which a “locker room” office culture can get your business sued:...

Are dancers at strip clubs employees or contractors? Kansas’ highest court has ruled that exotic dangers at a certain strip club in Topeka were in fact employees and not independent contractors, ending a seven-year legal battle. As a result, these strippers were entitled to certain employee benefits including unemployment benefits, reports The Kansas City Star. So how do you know if your workers are properly classified as employees or contractors?...