A selection of the need-to-know civil justice news for the week of Oct. 25-31.
Chris Christie to Maine Nurse: Go Ahead, Sue me Over Ebola Quarantine
Matt Arco | NJ Advance Media for NJ.com
Gov. Chris Christie has a simple message for the nurse quarantined in New Jersey over fears of spreading the Ebola virus if she decides to sue the state for being detained for more than 65 hours.
“Whatever. Get in line…”
Ebola Cases Could Spur Lawsuits with Big Hurdles
Matt Sedensky and Michael Tarm | Associated Press
In a land of lawsuits, this case seems made for litigation: A doctor appears to miss a red flag, an Ebola diagnosis is delayed, and a patient dies. But this is Texas.
Constitutional Challenge to Quarantine Unlikely to Succeed
Eugene Kontorovich | Volokh Conspiracy
Kaci Hickox, the nurse forcibly quarantined by New Jersey upon her return from West Africa, is threatening a legal challenge to her confinement. Her lawyers claim she is being deprived of her liberty in violation of the Due Process Clause of the 14th Amendment.
How One Lawsuit Shows What’s Wrong With America
James Poulos | The Daily Beast
Every year—maybe every month—America is disgraced with an especially heinous lawsuit. Some are frivolous. Some are malicious. Some cough up preposterous jury awards, while others lay bare the egregious failures of the criminal justice system. Some of the worst lawsuits are lawsuits that never happen, because the allegations behind them are simply settled out of court.
NJ Fed. Court, Among the Nation’s Busiest, Faces Vacancies
Charles Toutant | New Jersey Law Journal
The workloads shouldered by New Jersey’s federal judges are among the heaviest in the country, according to a new report. And with one lingering vacancy and more retirements looming, judges and lawyers said it will be crucial to fill those openings promptly.
NJ’s ‘Patent Troll’ Law Would Have More Bark Than Bite
Joshua Alston | Law360
The New Jersey Legislature is considering a bill that would make it the latest state to punish bad-faith assertions of patent infringement by so-called patent trolls, but experts say the law, while well-intentioned, may be weak because of federal jurisdiction issues.
Bill Would Nix Counsel Fees for Minor Consumer Fraud Claims
Michael Booth | New Jersey Law Journal
The New Jersey Legislature is moving toward eliminating the award of counsel fees and costs for violations of the state’s Consumer Fraud Act that are technical in nature and did not result in any ascertainable loss for the victim.
Lawsuit Abuse? There’s an App for That
U.S. Chamber Institute for Legal Reform
Since the creation of the Apple App Store in 2008, cellphone apps have become a ubiquitous part of everyday life. We have wealth management apps, navigation apps, even dating apps. Now, we have “Block Calls Get Cash”—an Android app being marketed by Lemberg Law, a self-described consumer protection law firm. The firm says the app can help those who download it determine whether they have a claim under the Telephone Consumer Protection Act (TCPA), in which case they could win up to $1,500 per robodial or debt collection call.
Paid Sick Day Bill for N.J Workers Begins Advancing in Legislature
Matt Friedman | NJ Advance Media for NJ.com
A bill that would make New Jersey one of the first states in the nation to require all employers offer paid sick days to employees cleared its first legislative hurdle this morning.
Judge Dismisses Ex-Dictator Manuel Noriega’s ‘Call of Duty’ Lawsuit
Catherine E. Shoichet | CNN
A California judge has dismissed former Panamanian dictator Manuel Noriega’s lawsuit against the creators of the “Call of Duty” video game franchise.
Creepy Cases: Halloween Often Comes with Something Really Scary – A Lawsuit
John G. Browning | Texas Bar Journal
Scottish poet Robert Burns knew that lawyers are scarier than any ghost or ghoul. In his 1790 narrative poem Tam O’Shanter, Burns allows his readers to see, through Tam’s eyes, the many horrors of the haunted Alloway Church—including “Three lawyers’ tongues, turn’d inside out/wi’ lies seam’d like a beggar’s clout.” Yes, it seems that Halloween just wouldn’t be complete without us. Whether you’re talking about spooking up your house and yard or dressing up in costumes, lawyers and lawsuits are sure to follow.
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