Bronx County Judge Dismisses Sleeping Fan’s Defamation Lawsuit Against ESPN and Yankees
Posted: September 1, 2015 Filed under: Commercial Litigation, General Liability, New York Practice | Tags: Andrew Rector, Bronx County Supreme Court, Defamation, Intentional Infliction of Emotional Distress, Yankees Leave a comment
Everyone should remember the story of Andrew Rector, the fan who was shown sleeping on camera during the Yankee-Red Sox Sunday night game on ESPN in April 2014, and subsequently sued everyone (Major League Baseball, ESPN New York, the Yankees, Dan Shulman, and John Kruk) for defamation and intentional infliction of emotional distress. As previously noted, Mr. Rector’s lawsuit did not appear to be legally viable because none of the comments made by the announcers (Shulman and Kruk) were extreme and outrageous and because many of the alleged defamatory statements originated from third-parties (on various websites, blogs, etc.).
On August 20, 2015, Justice Julia I. Rodriguez in the Bronx County Supreme Court granted the defendants’ motions and dismissed Plaintiff’s complaint in its entirety. A copy of the decision can be found here. Read the rest of this entry »
New Class Action Lawsuit Alleges That Keyless Ignition is “Dangerous and Defective”
Posted: August 27, 2015 Filed under: Commercial Litigation, Product Liability | Tags: Class action, Keyless ignition Leave a comment
According to Edmunds.com, over seventy-two percent of the cars and trucks sold during 2014 came equipped with a push button ignition switch (either as a standard feature or an option). The keyless ignition system allows a driver to start and stop a car by pressing a button while an electronic key fob is in the vicinity of the vehicle.
Aside from freeing up space in an automobile and providing additional convenience, the keyless ignition systems are considered to have additional advantages over conventional ignition switch with a key. Recent recalls by General Motors and injury claims have demonstrated that keys can be jostled out of position (for example, due to the weight of other objects on the key chain or a driver inadvertently hitting the key while shifting), which may result in the engine shutting off. Presumably, a keyless ignition would alleviate any concerns about unintentionally turning off a car. Read the rest of this entry »
The Reach of the Communications Decency Act’s “Good Samaritan” Clause
Posted: March 27, 2015 Filed under: Commercial Litigation, Firearms Defense | Tags: Communications Decency Act, District of New Jersey, Federal Court, Good Samaritan Clause, Judge Simandle, Muzzleloader, Second Circuit Leave a commentTwo recent local cases, one from the Second Circuit and one from the District of New Jersey, serve as reminders regarding the reach of the “Good Samaritan” clause of the Communications Decency Act (“CDA”) and demonstrate that the CDA is a powerful defense against tort claims brought against operators of websites. Read the rest of this entry »
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