Tuesday, January 19, 2021 5:53:40 AM
PI/Wrongful Death News & Resource Section
Coast Guard: 4 on capsized boat put on life vests
'Lazy hiker' fee set for tired Pikes Peak climbers
Marines to discuss findings of jet crash probe
Injury & Tort Law
Doe v. Holy See
In an action alleging clergy sexual abuse, the District Court's order holding that the Holy See was not immune from suit under the Foreign Sovereign Immunities Act (FSIA) is affirmed in part, where the abuser's conduct fell within the FSIA's tortious acts exception, but reversed in part, where the negligence of government entities could not be imputed to Defendant.
Tortu v. Las Vegas Metro. Police Dept.
In a 42 U.S.C. section 1983 action alleging excessive force by Defendant officers, the District Court's grant of judgment as a matter of law to Defendant under Fed. R. Civ. P. 50(b) is reversed, where Defendant failed to file a Rule 50(a) motion prior to seeking relief under Rule 50(b).
Allstate Settlement Corp. v. Rapid Settlements, Ltd.
In an action involving the payment of a settlement, district court's grant of summary judgment against defendant is affirmed where plaintiff is not subject to the awards issued in arbitration between defendant and co-defendant Ward, as plaintiff and defendant never agreed to arbitrate and there is not such an identity of interests between plaintiff and co-defendant in the outcome of the arbitration that justifies binding plaintiff to the award. District Court did not abuse its discretion in granting injunctive relief to plaintiff as defendant has a history of using the arbitration scheme to circumvent structured settlement payments and bind settlement obligors to arbitrations they did not consent to.
Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the AP material found on this web site. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.