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Tag Archives: Tort/Negligence

Tort/Negligence – Negligent Misrepresentation – Labor & Employment – Wrongful Termination (access required)

Hand v. SunTrust Bank, Inc. Plaintiff was fired from her job as assistant branch manager for servicing the business account of a company for which she performed part-time work. Plaintiff alleges her supervisors at the defendant-bank engaged in negligent misrepresentation when they directed her to service the account.

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Tort/Negligence – Invasion of Privacy – Misappropriation of Personality – Business Correspondence – Civil Practice – Statute of Limitations — Contract – Settlement Agreement – Indiana Law – Liquidated Damages (access required)

Insurance Products Marketing, Inc. v. Conseco Life Insurance Co. Despite a settlement agreement that severed the parties’ business ties, defendants have continued to use plaintiffs’ names on their business correspondence. By doing so, defendants may have been taking advantage of plaintiffs’ reputations or the value associated with their names.

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Tort/Negligence – Tortious Interference with Contract – Justification – Real Property – Sales Commissions (access required)

Broach v. Carter Although the plaintiff-real estate agents showed that defendant Jacobson knew he was causing the defendant-real estate agency to breach its contract with plaintiffs by subordinating their commissions to the development’s construction loan, Jacobson was justified in doing so. Without a renegotiated construction loan, neither plaintiffs nor anyone else involved in the project would have gotten paid.

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Attorneys – Tort/Negligence – Legal Malpractice Claim – Civil Practice – Federal Jurisdiction – Patent Law – Expert Affidavit (access required)

Weil v. Killough The plaintiff-client alleges that the defendant-attorney, who also served as the client’s attorney-in-fact, failed to inform the client when the Patent and Trademark Office sent the attorney notice that a 7.5-year maintenance fee was due on the client’s patent.

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Tort/Negligence – Interference with Contract – LLC Member – Real Property Development (access required)

Dutch Fork Development Group II, LLC v. SEL Properties, LLC Since plaintiffs – respondents in this appeal -- failed to include the defendant-limited liability company’s operating agreement in the record, we cannot discern the precise parameters of defendant-appellant Lipscomb’s authority as the LLC’s managing agent. Furthermore, plaintiffs failed to identify how Lipscomb exceeded such authority.

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Tort/Negligence – Medical Malpractice – Civil Practice – Statute of Limitations – Claim Accrual (access required)

Boyd v. United States Plaintiff was informed after surgery that her bowel had been perforated and re-sectioned. Plaintiff developed chronic diarrhea immediately after surgery, but no medical professional linked the diarrhea to the surgery until 10 months later. Contrary to the parties’ arguments, the court is convinced that plaintiff became aware of her injury and its cause sometime between her surgery and her visit to a nurse practitioner 10 months later.

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Attorneys – Tort/Negligence — Legal Malpractice Claim – Real Property – Closing – Fiduciary Duty – Unfair Trade Practices – Securities (access required)

RFT Management Co. v. Tinsley & Adams L.L.P. Since the parties agreed at trial that plaintiff’s legal malpractice claim involved questions of fact that required submission of the claim to a jury, plaintiff may not now complain that it was entitled to judgment as a matter of law on its legal malpractice claim.

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Tort/Negligence – Contact Lenses – Civil Practice – Federal Preemption – Pre-Market Approval (access required)

Weston v. Kim’s Dollar Store Even though the lenses that plaintiff purchased were non-prescription, cosmetic lenses, they had UV protection. As such, they went through the FDA’s pre-market approval process. Therefore, they are subject to the Medical Device Amendments of 1976, and any state-law claim is preempted to the extent that it would impose requirements on the defendant-manufacturer that are different from or in addition to federal regulations.

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Tort/Negligence – Misappropriation of Trade Secrets – Civil Practice – Post-Trial Motions – Jury Verdict (access required)

Uhlig LLC v. Shirley Even though the jury verdict does not match the damage figures submitted by plaintiff through its expert witness’ testimony, the jury was not required to return a verdict awarding damages in the precise amounts presented by the expert. The jury was only required to award damages in the amount which it determined to be just and reasonable based on the evidence.

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