NY Court of Appeals: No control = no tort liability

Last Thursday, the New York Court of Appeals unanimously relieved a drug-treatment halfway house of liability for a former resident’s subsequent assault on his mother’s boyfriend. The case, Oddo v. Queens Village Committee for Mental Health for Jamaica Community Adolescent … Continue reading

Is a halfway house liable for a former resident’s crimes?

Sean Velentzas resided at Queens Village Committee for Mental Health for Jamaica Community Adolescent Program as an alternative to incarceration. He violated the facility’s rules by drinking alcohol and assaulting another resident. Queens Village told him that, as a consequence, … Continue reading

Extending tort liability on the basis of indirect economic benefit

In Sherman v. Hennessy Industries, the California Court of Appeal held that the manufacturer of an “arcing machine”—essentially a highly calibrated saw used to customize brake linings—is liable for injuries caused by asbestos dust released by certain brake linings even … Continue reading

President’s weekly report — March 20, 2015

Environment & Endangered Species Act — 60-day notice filed for the Kangaroo Rat As required by the Endangered Species Act, we filed a sixty-day notice on intent to sue with the United States Fish & Wildlife Service over the Service’s failure … Continue reading

Texas Supreme Court requires proof of causation in asbestos cases

Timothy Bostic died from mesothelioma, which he alleged was caused by his exposure to asbestos from a variety of sources, including his use of asbestos-containing joint compound manufactured by Georgia-Pacific Corporation when he was a child and teenager helping his … Continue reading

President’s Report – April 4, 2014

Property Rights – California Coastal Commission We reported last week that the California Court of Appeal issued an adverse decision in SDS Family Trust v. CCC, based on its misunderstanding of the facts related to when the family challenged the … Continue reading