“As in Tennant and Smith, the allegedly dangerous condition here was on the floor of a store, but the customer’s attention was directed upward. While the bag of soil that Plaintiff tripped on was large and unobstructed, a jury would be entitled to consider whether Plaintiff’s attention was reasonably focused on the flowers on display […]

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---- Old Section -----Judge Rejects 'All or Nothing' Dismissals in Social Media Addiction Cases
On Tuesday, U.S. District Judge Yvonne Gonzalez Rogers, in Oakland, California, found that some elements of social media sites like Facebook and TikTok were protected under the Communications Decency Act’s Section 230, while others were not.
Plaintiff Fails to Prove Strict Liability Claim Over Surgical Implant Used in the '80s
A federal judge in Massachusetts has granted summary judgment to defendant Schepens Eye Research Institute on the sole remaining claim of strict
Indiana Supreme Court Asked to Take 'Cutting Edge' Approach to Third-Party Spoliation Causes of Action
“Counsel, if we adopt your theory, having studied what other states are doing because it’s sort of a new area—not every state has weighed in—we’d have the most liberal interpretation of third-party spoliation in the nation,” Chief Justice Loretta H. Rush told plaintiffs counsel from the bench Monday.
Judge Censured for Conduct in Criminal Trial Where His Daughter Was the Victim
After the first day of trial, New Mexico Third Judicial District Judge James T. Martin advised the assistant district attorney in the case to use the phrase “brandish a firearm” rather than asking the jury to find that the defendant “pointed a firearm” at his daughter, according to the opinion.
Bar Association's Mandatory Dues Violate 1st Amendment, 5th Circuit Says
The Louisiana State Bar Association “crossed the line when it promoted purely informational articles absent any tailoring to the legal profession,” Judge Jerry Smith wrote for the three-member panel.
Colorado Appeals Court Upholds State's Noneconomic Damages Cap as Constitutional
“Unlike the United States Constitution, the Colorado Constitution does not guarantee the right to a jury trial in civil cases,” stated Fox. “Gebert alternatively argues that we should overrule this precedent and recognize the civil jury trial right under the Colorado Constitution.”
Lewis & Clark Law Dean Stepping Down After 10-Year Tenure
“It has been an absolute honor to have served as dean of our law school during these past 10 years,” Dean Jennifer Johnson said in a statement. “I am very proud of the achievements of our faculty, students and staff.”
Passengers File Class-Action Suit in State Court Over Disrupted Alaska Airlines Flight
The suit was first surfaced by Law.com Radar.
Am Law 100 Firm Leaders Weigh In on Milbank Raises: The Morning Minute
The news and analysis you need to start your day.