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Article Thumbnail Caddell & Chapman files class action complaint against SIGG
Sep 7, 2009
SNEWS® Law Review has obtained a copy of a class action complaint filed on Aug. 28 in the United States District Court, Western District of Kentucky, against SIGG. The complaint, brought by Caddell & Chapman of Houston, Texas, seeks “to represent a nationwide class of consumers who purchased SIGG reusable aluminum bottles that unbeknownst to them contain BPA” and alleges that the plaintiffs and the class they represent “paid more for SIGG bottles than other available alternatives because they believed SIGG’s representations that their bottles were BPA-free.”
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Article Thumbnail Minnesota Court of Appeals approves release signed by parent to stop a suit by a minor
Jul 6, 2009
In Moore v. Minnesota Baseball Instructional School, 2009 Minn. App. Unpub. LEXIS 299 a minor was injured in spare time activities at a baseball camp. His mother had signed a release as part of the registration materials she had signed online. The father sued for the boy’s injuries however the Minnesota Appellate Court upheld dismissal of the case because of the release signed by the mother.
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Article Thumbnail Prior experience and plaintiff’s own video prove plaintiff assumed risk at terrain park
Jul 1, 2009
A 17-year-old skier can assume the risks of a terrain park under New York law. The case of Martin v State of New York et al., 2009 NY Slip Op 3822; 2009 N.Y. App. Div. LEXIS 3704 is an excellent review of the law of assumption of the risk in New York.
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Article Thumbnail Whitewater rafting in Maryland, plaintiff tries various ways to sue
May 4, 2009
The plaintiff in this case had gone whitewater rafting previously with the defendant. During his second trip he fell out of the raft, injuring his knee. He later developed a staph infection from the injury. He sued the defendant for failing to warn and failing to properly provide first aid for his injuries. Cases where the plaintiff argues the first aid care was improper or negligent are extremely rare. This is the only one that the SNEWS® Law Review editors have found to date. However the court rules on a technicality that throws out the plaintiff’s first aid claim and does not provide us with any direction in this area of the law.
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Article Thumbnail California Supreme Court upholds Appellate Court – Good Samaritan only provides immunity for first aid
Apr 27, 2009
In a story posted on March 13, 2007, we reported a concerning California Appellate Court decision in California court ruling appears to limit protections of California Good Samaritan Act. The California Supreme Court has followed the ruling of the lower court stating that California’s Good Samaritan Law which provides immunity for civil litigation when assisting injured people only provides that immunity during an emergency and only to the extent the help provided is first aid.
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Article Thumbnail Case illustrates how ropes course procedures can work to eliminate lawsuits
Apr 13, 2009
In this challenge course or ropes course case the plaintiff was a volunteer facilitator on the course. He clipped into the wrong anchor point which could not hold him and he fell 35 feet. The ropes course is located in Virginia and owned by the defendant Young Life which is incorporated in Texas with its place of business in Colorado. The Plaintiff Kuykendall is a citizen of Florida. The case was brought in the Federal Court in the Western District of Virginia where the accident occurred and where the law of the location of the accident would be applied to the facts of the case.
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Article Thumbnail Iowa uses a badly written release to miss opportunity for reviewing minor’s right to sue
Apr 8, 2009
The Iowa Supreme Court in Sweeney vs. City of Bettendorf and Bettendorf Parks and Recreation was given the opportunity to review a minor’s right to sue. However the facts in the case would lead most courts to decided easily for the plaintiff and the issue of whether a parent could sign away a minor’s right to sue was not reviewed.
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Article Thumbnail Florida follows majority in not allowing a parent to sign a release for a minor
Mar 23, 2009
The Florida Supreme Court took on the issue of whether a parent can sign away a minor’s right to sue and said no. The decision weaves around previous Florida decisions we reported in Pending Florida Case Leaves Questions about Release Validity, (Gonzalez v. City of Coral Gables 871 So.2d 1067, 29 Fla. L. Weekly D1147) and Case Brief: Florida Court Establishes Arbitration Precedent in Travel Company Case -- see also (Global Travel Marketing, Inc v. Shea, 2005 Fla. LEXIS 1454).
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Article Thumbnail Pennsylvania release missing key language ends up securing plaintiff a place in a jury trial
Mar 2, 2009
This is an illustrative case where a release which was written to appear fair to those signing it instead gave the plaintiff the knowledge and the legal right to beat the release and have the case go to trial. The release stated it protected the defendant from all claims but did not specifically mention gross negligence, so the injured plaintiff sued for gross negligence.
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Article Thumbnail Case over tubing accident instructive into Pennsylvania release law
Feb 16, 2009
The decision in Wang v. Whitetail Mountain Resort is very easy to read, easy to understand, and sets forth simple rules for writing a release under Pennsylvania law. Pennsylvania law, as we have written about in the past, is not very conclusive on the validity of releases or how they are to be written. In this case, the appellate Pennsylvania court made the understanding that much easier.
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