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Friday Round-up: December 2

December 2, 2011

A New York Court of Appeals has determined that “lower courts were over-reaching in making factual determinations as to what constitutes a “serious injury” and taking cases away from the jury where it belongs if “contemporaneous” loss of motion findings were not made. While hewing to skepticism about many personal injury cases due to problems of fraud, the Court held that ‘there are cases, however, in which the role of skeptic is properly reserved for the finder of fact, or for a court that, unlike ours, has factual review power.'” According to Erik Turkewitz of The New York Personal Injury Attorney Blog, this has serious repercussions on the way personal injury cases operate in the state.

The Missouri Supreme Court may soon rule on the constitutionality of its cap on punitive damages. Does the cap really violate the constitutional rights to trial by jury, equal protection, due process,and  open courts as the plaintiffs’ attorneys have claimed to the Kansas City Star? –Thanks to Torts Blog for the tip!

In many homes pets are practically members of the family. One Texas appeals court apparently agrees, as it recently ruled that a Texas couple can sue to recover the sentimental value of an 8-year-old labrador retriever mix who was mistakenly euthanized at an animal shelter. –Thanks to Torts Prof Blog for the tip!

And Finally, our friendly neighbors to the north have some explaining to do: A 14-year-old girl was arrested in Canada for drunk and disorderly conduct. Now, her family is suing the police department for tasering her when she refused to stop peeling paint off the walls of her jail cell. 

By: Mike Hess, Legal Assistant, Greg S. Young Co. L.P.A.

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