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State-by-state survey of Apportionment of Fault between negligent and intentional tortfeasors.
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Continuing Legal Education
By JEAN HOPFENSPERGER / StarTribune
Archdiocese declares bankruptcy. Victims’ attorney supports the church’s move, but other victims say filing is a cop-out.
By CBS News staff / CBS News
Jeff Dion, deputy executive director of the National Center for Victims of Crime, said after Monday's arguments that the government made a strong case.
Throwing out Elonis' conviction would effectively "make a rulebook on how to legally threaten your spouse," Dion argued. Justice Samuel Alito indicated he agreed with that point, according to Scotusblog.
Should Elonis win, it would invalidate a majority of stalking statutes in the U.S., Dion said.
By Travis Andersen, Derek Anderson, Jennifer Smith / Boston Globe
BOSTON - The Massachusetts Legislature is on the verge of finalizing a bill that will give alleged child sexual abuse victims an additional 32 years to file civil lawsuits, a move one specialist said will open the door to thousands of new cases.
The bill would extend the statute of limitations for filing suits against alleged perpetrators and, in future cases, the people or institution supervising them. Under the legislation, the victims would be able to file suits up to age 53, instead of the current limit of age 21.
Professor Marci Hamilton
The Supreme Court’s decision in Paroline v. United States cannot be an easy read for the victims of child pornography. It is filled with the legal jargon of statutory interpretation, restitution, and torts, because, in the Court’s defense, that is what the legal issues are about. For the survivors, though, this case is only about how to wring some justice out of the wild west marketplace in internet pornography. The guidance they receive in Paroline is unsatisfying, but it should not be disheartening. Congress simply has more work to do.
Mike Hellgren / BALTIMORE (WJZ)
A former Baltimore Oriole is facing a multi-million dollar lawsuit. A woman claims Alfredo Simon raped her in a posh Washington, D.C. hotel.
The parents of a 13-year-old boy who killed himself after being bullied in his Texas school can sue the school district, a federal appeals court has ruled. Jon Carmichael hanged himself in 2010 after months of what his parents claimed was non-stop bullying at the Joshua Independent School District that included being called homophobic slurs and being stripped of his underwear in a locker room..
September 3, 2014
The U.S. District Court for New Mexico has allowed a lawsuit against Denny’s to proceed after finding that the restaurant chain could be liable if the victim’s estate proves the facts alleged in the lawsuit. The district court opinion is an excellent summary of franchisee/franchisor law.
Read the opinion
September 29, 2014
The National Crime Victim Bar Association mourns the death of member C. Donald Briggs of Camden, Maine. He passed away on September 7, 2014. For many years, he represented victims of drunk driving, nursing home abuse and inadequate security, and fought to secure justice in the civil courts for those victims of crime. He previously served as the President of the Maine Trial Lawyers Association, and at the time of his death was President of the Knox County Bar Association. He is survived by his wife, Alison Wholey Briggs, with whom he practiced law and who is also a member of the National Crime Victim Bar Association. We extend our deepest sympathies to his family and express our gratitude for his dedicated service to victims of crime.
By Matt Rocheleau / The Boston Globe
Citing a new Massachusetts law extending the statute of limitations in child sex abuse cases, a judge ruled that a former Billerica man can proceed with a lawsuit against Harvard University that alleges he was repeatedly raped and molested by a swimming coach at the campus over four decades ago.
The lawsuit filed in June 2012 by Stephen Embry had been dismissed by a judge last November because it was filed about 15 months after the state’s statute of limitations on such cases had expired.
However, Embry’s lawyer, Carmen L. Durso, appealed that ruling, and in June lawmakers passed new legislation extending the statute of limitations in such cases. The law applied retroactively.
By Aimee Green / The Oregonian
A Portland jury on Friday awarded the largest sum ever levied against the Oregon Department of Human Services for failing to protect children: $4.1 million to two girls who said they were molested by their Portland foster mom, who had been reported to a child-abuse hotline seven times before state child-welfare workers intervened.
September 17-19, 2014, Miami, Florida
Atlanta, Georgia, March 27th, 2014
Dallas, Texas, May 6, 2014
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