Fall 2010
What Should I Do When…Juror Bias Has Tainted a Verdict
The Fifth Amendment to the United States Constitution is often referred to as the “Due Process Clause” for its prohibition of depriving any person of “life, liberty, or property, without due process of law…” Of course, the Fifth Amendment applies to companies, as well as individuals, and both groups are certainly protected both inside and [...]
Georges Legrand serves at 100th Anniversary Jamboree of Boy Scouts
Heads Up
Author: Will Bland, IV In a freak accident, a cable technician working in the street outside a hotel was struck by the falling body of a suicide victim who jumped from the hotel’s roof. The technician and the cable company sued the hotel alleging negligent maintenance of the rooftop safety rail. Plaintiffs argued that the [...]
Summary Judgment Affirmed on Maritime Contract
Author: Trevor M. Cutaiar In 2006, North China Cargo Services Inc. (“North China”) refused to accept delivery of sixty containers of waste paper transported from Long Beach, California to Qingdao, China in violation of a contract with Sinotrans Container Lines Co. Ltd. (“Sinotrans”). Chinese customs officials seized the containers and maintained custody for more than [...]
Bad Faith Penalties for Insurance Claims
Author: Will Bland, IV A plaintiff was injured in an automobile accident caused solely by an underinsured driver in March 2008. In December 2008, plaintiff sent a demand letter to his insurance company for the balance of coverage under his uninsured motorist policy. Attached to the letter, plaintiff included his medical profile, a certificate of [...]
Owner or Tenant?
Author: Beth S. Bernstein Plaintiff, Grenoble House Hotel, sustained damage to its property during Hurricane Katrina. Defendant, Hanover Insurance Company, issued an insurance policy to Grenoble. Following the damage to the property, plaintiff filed a claim under the policy for damage to the buildings and their contents, as well as a claim for business interruption [...]
United States Not Liable For Allision
Author: Trevor M. Cutaiar On August 15, 2004, an oceangoing semi-submersible heavy lift vessel, the M/V AMERICAN CORMORANT, allided with the corner of a submarine launchway while entering the Port of Pascagoula, Mississippi. The vessel owners, Osprey Ship Management Inc. and Cormorant Shipholding Corporation, filed suit in the Southern District of Mississippi against numerous defendants, [...]
Corporate Limitation of Liability
Author: Will Bland, IV A driver stopped at the stop sign of a highway intersection before proceeding. As he drove through the intersection, his vehicle collided with an oncoming tractor-trailer which had the right of way. The 27 year old tractor-trailer had just been purchased at auction by a corporation and was being driven for [...]
Congratulations to Alan Brackett
Congratulations to Alan Brackett
Fallen Tree Liability
Author: Adam P. Sanderson With the threat of severe storms still looming, many businesses and homeowners may be confronted with the predicament of fallen trees or branches on their property. Fallen trees invite many questions, including who is responsible for damages caused by the fallen tree or limbs, and who is responsible for the cost [...]