Content Related To 'Lawsuits & Disputes'

“Assuming the risk” as a defense

“Assuming the risk” is a defense that a party can assert to try to limit or bar a plaintiff’s recovery in a tort action. A plaintiff is said to “assume the risk” when he  or she willingly and knowingly places himself or herself in a position where inherent risks are involved. The burden is on […]




Email Libel & Email Defamation

A nasty e-mail written about you by a co-worker could be the basis of a case of defamation, or libel, against that person. Libel occurs when 1) someone makes a false statement of fact in writing, 2) someone else reads the statement, and 3) the statement harms your reputation. In the case of e-mail, it’s […]




Damage Caps for non economic damages like loss of consortium

Economic damages are damages that can be calculated with relative ease: loss of wages, medical bills and other expenses. Non-economic damages, such as pain and suffering and loss of consortium (the inability to have normal marital relations), are much harder to calculate. In response to large monetary verdicts and the growing cost of health insurance, […]




What is Slander?

Slander, the spoken form of defamation, is a false statement that lowers the reputation of the person being spoken about. Some states also consider the speaker’s intent as part of their slander definition. Non-public figures who want to recover damages must prove the statement was false and their reputation was harmed. Public figures also must […]




Tort Immunity : Immunity From Personal Injury Liability

In certain instances, a person or entity may be immune from personal injury liability. One of the most common examples of immunity is sovereign immunity. With sovereign immunity, federal, state and local governments are immune from certain personal injury liability. Many governments, however, have voluntarily waived their immunity from particular types of suits. For example, […]




Partnership Liability for Each Type of Partnership

Whether you are personally liable for the acts of other partners depends on what kind of partnership you are in. If you are in a general partnership, you are personally liable for all acts of the other partners. In a limited partnership, which has both general and limited partners, general partners are personally liable for […]




Shareholder Liability : Piercing the Corporate Veil

Generally, in a corporation, shareholders are not personally liable for the acts of the corporation. However, shareholders may be personally liable if a court determines that the organization ignored corporate goals and formalities and acted to further the interests of one or more shareholders. Courts will intervene if injustice results after shareholders treat assets of […]




Derivative suits against corporations

A derivative suit is one in which shareholders of a corporation sue the directors or officers for a failure of proper management. The suing shareholders are considered to be acting on behalf of the corporation because management has committed fraud or failed to protect the company’s interests. Some states require the shareholder to have been […]




Medical Expert Testimony in a Personal Injury Trials

Most lawyers use medical experts to testify in trials for a case in which a client has suffered an injury. A medical expert’s testimony can help juries understand the plaintiff’s injuries and the financial cost to put the plaintiff back in the position he or she was in before the injury. Opposing counsel typically will […]




May 7, 1999: A jury finds the Jenny Jones show and Warner Bros. liable for $25 million in the shooting death of Scott Amedure

In an episode of the Jenny Jones talk show, a gay man named Scott Amedure confessed his love for his friend Jonathan Schmitz. Schmitz, who had a history of mental illness, was angered by the statement. Three days after the show’s taping, Schmitz killed Amedure. Schmitz was convicted of second-degree murder and received 25–50 years […]