Results matching “hochfelder”

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Valdez v City of New York - PointOfLaw Forum

A Bronx jury awarded Carmen Valdez $10 million for injuries suffered (in 1996!) when her ex-boyfriend shot her in the face on the theory that the police breached the duty to protect her after she obtained an order of protection and phoned in a death threat to them. (The City disputes that they knew about the death threat, but the appellate court needs to take that fact as a given.) An appeals court reversed last week, but on the narrow ground that Valdez didn't justifiably rely on the police because she never called back to see if they had arrested her ex-boyfriend before leaving the house.

Because it was a split decision, the New York high court will consider the issue, and could avoid a lot of trouble by reestablishing the principle that taxpayers are not liable for the criminal acts of third parties. As it is, courts are forced into fact-pattern contortions to reach the same result—with the perverse result that a police department is less liable if they ignore a complaint than if they send a visible police presence to the address (because the latter could trigger "justifiable reliance"). John Hochfelder has a plaintiff-sympathetic analysis on his blog.

Around the web, April 8 - PointOfLaw Forum

  • Some thoughts on regulation, politics and mine disasters [Iain Murray, NRO; Stoll]
  • Noted plaintiff's lawyers Cabraser, Blue-Baron join American Constitution Society board [BLT]
  • Will the Left oppose Elana Kagan? [Whelan, NRO and more]
  • "The EPA, Tightening Control Over the Manufacturing Economy" [Brendle, ShopFloor]
  • Lerach saga just the iceberg-tip of class action deceit [Lawrence Schonbron, HuffPo]
  • Med-mal: Westchester County, N.Y. hospital appeals $48 million verdict in delayed diagnosis of spinal tumor [Hochfelder]

Around the web, April 2 - PointOfLaw Forum

Around the web, March 26 - PointOfLaw Forum

  • Nail in tire didn't matter: jury says Cooper should pay $28 million in tread separation minivan rollover [Bloomberg, Iowa]
  • Law review symposium consisting exclusively of Iqbal/Twombly critics isn't exactly diverse [Beck et al, more]
  • Employers' hiring incentive in new jobs bill is "absurdly game-able" says one employer [Coyote]
  • "Time to Rethink What's a Crime" [Marc Levin, Texas Public Policy Foundation, PDF]
  • Appeals court overturns $3.5 M award against Queens apartment building owner over gang attack on tenant [Hochfelder]
  • Ninth Circuit nominee Goodwin Liu likes at least the rhetoric of slavery reparations, though it's less clear what he thinks of the actual litigation [Verum Serum and followup via Whelan, NRO]

Around the web, March 18 - PointOfLaw Forum

  • Illinois toxics case: court turns thumbs down on medical monitoring class action [Russell Jackson]
  • Californians may hope for class action reform, but lawyers with clout in Sacramento have other ideas [Cal Labor, Karlsgodt]
  • Court dodges Twombly/Iqbal in pain pump case [Beck et al] Edward Hartnett compromise proposal on Iqbal/Twombly [Wasserman, Prawfs]
  • $5 million pain and suffering award set aside in suit against NYC housing authority [Hochfelder] $105 million NYC hospital award will result in $5 million recoverable damages [same]
  • "Corporate penalties and the SEC" [D&O Diary]
  • Lawyers swarm Toyota and scramble for position in resulting litigation [Bronstad, NLJ, AP; WSJ Law Blog] And here come the public-private lawyering partnerships: Orange County, California D.A. Tony Rackauckas hires Newport Beach's Robinson Calcagnie [Reuters, NLJ]

Around the web, February 4 - PointOfLaw Forum

Annals of New York City injury litigation - PointOfLaw Forum

In a car-crash case where damages to the plaintiff included a herniated neck disc and nerve damage to her right arm, a Bronx jury has awarded $7 million against the Salvation Army. The case has been settled for an undisclosed sum. [Hochfelder]

Around the web, November 4 - PointOfLaw Forum

  • "Illinois Supremes Allow Negligent Infliction of Emotional Distress Claims without Expert Proof" [Jackson]
  • "Turns out that there is indeed legislation pending before [the NYC City] Council to ban sale of menthol cigarettes." [Stoll, Future of Capitalism]
  • Good interview with John Hochfelder on legal blogging [Real Lawyers Have Blogs]
  • "O'Connell & Born on Early Offer Savings for Products Liability" [TortsProf]
  • "S. 1700 ... A Bad Bill" [FCPA Professor on "The Energy Security Through Transparency Act of 2009"]
  • One Texas hospital chain's experience under medical liability reform [Nixon, MySanAntonio.com]

Around the web, October 27 - PointOfLaw Forum

  • Hallowe'en celebrations bring specter of drinking and dramshop liability [Hochfelder] Not entirely unrelated: "Recent Bar and Restaurant Assault Cases Increase Exposure to Premises Owners" [same]
  • Veteran Iowa trial lawyer Roxanne Conlin plans race against Senate's Chuck Grassley [Quad City Times, Mason City Globe-Gazette, Des Moines Register]
  • More straws in wind on international climate change class actions [Carter at ShopFloor]
  • "Healthy Choices" food labeling program, furiously assailed as fakery by New York Times and Connecticut AG Blumenthal, turns out to be based on the government's own nutrition standards [Allysia Finley, WSJ] More: TortsProf (some food manufacturers retreat from program).
  • "Democracy in Name Only -- Election reform in New York is long overdue." [John Avlon, CityJournal]
  • When ProPublica teams up with Business Week for a litigation piece, it's a pretty good bet the resulting article (on gadolinium/MRI dye suits) will please the plaintiff's side [Jeff Gerth, BW]

Around the web, September 7 - PointOfLaw Forum

New York and tri-state area edition:


  • New Jersey gets favorable ruling in suit demanding natural resource damages from ExxonMobil [NJLJ] "Ford Settles New Jersey Toxic Tort Case" [Mass Tort Lit, NorthJersey.com]
  • Million dollar broken elbow verdicts not so unusual in NYC [Hochfelder]
  • Discrimination complaints up nationwide, but down in Connecticut [Schwartz]
  • Calamitous crash on Taconic spurs a rush to legislate [Greenfield]
  • "A huge number of the physicians I know in New York are part of a two-income couple", and not by chance [Derbyshire, NRO]
  • Hey, don't break them: New York State Trial Lawyers Association (NYSTLA) faces $250 fine over violation of state's lobbyist ethics rules [Albany Times Union]

Many thanks to John Hochfelder for joining us as a guestblogger last week. If you haven't already, check out his New York Injury Cases Blog.

I'm going to be taking this coming week off, so any posting will be from others. I expect to be back August 31 with plenty of new material.

Also, do visit TortsProf later today where legendary torts scholar Jeffrey O'Connell of the University of Virginia, often called "father of no-fault" and an indefatigable reformer, will be a guestblogging contributor. He's the first of a series of scholars who will be guestblogging at TortsProf on Mondays through the academic year, among them such notable names as John Goldberg (Harvard), Tim Lytton (Albany), Tony Sebok (Cardozo), and Ken Abraham (Virginia).

We're pleased that attorney/blogger John Hochfelder of White Plains, N.Y. will be joining us as guest blogger this week. A former judge and big-firm lawyer who also trained and served for six years as an emergency medical technician (EMT), he now has a plaintiff's personal injury practice mainly concentrated in auto and construction-site accidents.

His New York Injury Cases Blog, launched last December, quickly attracted notice by going into depth on well-defined issues of New York practice, notably how courts here value particular types of physical injuries and recurring legal patterns such as sports and recreational injuries. It's also notable (warning to the squeamish) for its use of anatomical and surgical illustrations. We've linked to it frequently -- here, here, and here, for example.

And for those of you wondering, "Is this the first plaintiff's-side lawyer you've had at Point of Law?" I should point out that pioneer law blogger Peter Nordberg carried half of a featured discussion here three years ago. So far as I know, though, this is a first time among guestbloggers (& welcome Eric Turkewitz readers).

Around the web, June 18 - PointOfLaw Forum

  • Trying to defend your product in public debate? Connecticut AG Richard Blumenthal wants to see your internal correspondence [press release from his office] (& Created Things)
  • Union partisans can't figure out why anyone might support employment arbitration when it's agreed to beforehand by those it would bind, but oppose when it's imposed by government without consent [Puffington Host]
  • Catskills construction injury: defendant makes very big settlement offer, plaintiff goes to trial and gets less, is now suing first lawyer [Hochfelder]
  • D.C. bar is holding June 30 lunchtime event on third party funding in arbitration [details]
  • Is Seroquel mass tort fizzling? [AmLaw and counterview]
  • Change in New York state law could mean two court appearances rather than one for motorists fighting tickets [Times Herald-Record]

$27.5 million to NYC pedestrian hit by bus - PointOfLaw Forum

John Hochfelder predicts the award, for injuries which included the loss of a leg, is destined to be reduced or settled for a lesser amount. A jury agreed with the woman's attorneys at Gair, Gair, Conason, Steigman & Mackauf in finding "the bus driver 100% at fault for the accident (even though it also found plaintiff negligent for not looking when she crossed the street)".

Around the web, June 3 - PointOfLaw Forum

  • "Court of Appeals Affirms Exclusion of Junk Science In Mold Case" [Cal Biz Lit]
  • "GM Bankruptcy Underway and the Asbestos Plaintiffs' Lawyers Already Have Appeared in Force" [Hartley]
  • On Thursday, House Judiciary holds hearing on trial-lawyer-backed bill to crack open settlement confidentiality and protective orders [Wood, ShopFloor]
  • Institutional investors vs. Royal Dutch Shell: sign of things to come in European class actions? [Ben Hallman/AmLaw Litigation Daily, Karlsgodt]
  • In hot pursuit of drywall: "Florida builders and the not-so-Great Wall of China" [James Thorner, Popular Mechanics via ShopFloor]
  • Jump into a schoolyard fight? You probably can't win damages from the school for your injury [Hochfelder]

Office-lobby slip-falls - PointOfLaw Forum

Winning one in New York City is actually no snap, says John Hochfelder.

Blawg Review #209 - PointOfLaw Forum

John Hochfelder at New York Injury Cases builds the weekly roundup of best legal posts around a remembrance of his father, J. Gene Hochfelder, a veteran of World War II's Battle of Iwo Jima.

Around the web, March 30 - PointOfLaw Forum

  • David Bernstein (Volokh, George Mason) on the unfinished Daubert revolution in expert evidence [Engage/SSRN]
  • "The State-Of-The-Art Defense In Drug/Device Cases After Levine" [Beck & Herrmann]
  • Prof. Geoffrey Miller discusses class actions in Australia and the U.S. [Melbourne Age] Australia: Busy Times for Class Action Litigation Funder [Securities Docket]
  • Same case, same injuries, two NYC trials produce awards differing by a factor of 25. Why? [John Hochfelder]
  • A bibliography on apology-immunity laws [Robinette, TortsProf]
  • "Med Mal Reform Moves Forward in Hawaii" [Scheuerman, TortsProf]

Around the web, February 26 - PointOfLaw Forum

All-law-blog edition:

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