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Tag Archives: Tort/Negligence

Real Property – Public Utilities – TV Cable – Tort/Negligence – Trespass – Prescriptive Easement Defense (access required)

Johnson v. Time Warner Entertainment-Advance/Newhouse Partnership (Lawyers Weekly No. 002-127-16, 16 pp.) (Cameron McGowan Currie, J.) 3:15-cv-01727; D.S.C. Holding: Although defendant disputes that the presence of its cable across plaintiff’s land constitutes a trespass, there is evidence that defendant and ...

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Tort/Negligence – Damages – Contract — Warranty – Civil Practice – Statute of Limitations – Faulty Windows – Wisconsin Law (access required)

Meifert v. MI Windows & Doors, Inc. In their amended complaint, plaintiffs continue to assert that their windows, which were allegedly designed, manufactured, and sold by defendant, caused direct economic loss to the windows and other property in the home and consequential economic loss. Recovery for such damages is barred by the economic loss doctrine.

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Tort/Negligence – Civil Practice – Subject Matter Jurisdiction – FTCA – Medical Malpractice – VA Hospital – Independent Contractor (access required)

Miller v. United States Even though the VA’s Patient and Nursing Home Resident Rights and Responsibilities document promises to provide patients with understandable information about the complaint process, it does not require VA personnel to explain the employment status of its physicians, nor does it require VA attorneys to counsel patients with malpractice claims on how they can best pursue their legal claims.

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Tort/Negligence – Email Hacking – Stored Communications Act – ‘Backup’ (access required)

Jennings v. Jennings Since plaintiff opened his emails and then left them on the Yahoo! server without downloading them or saving another copy in any other location, the emails on the Yahoo! server were not “backup” within the meaning of the Stored Communications Act. Therefore, defendant Broome’s accessing of plaintiff’s emails did not violate the SCA.

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