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Nebraska Association of Trial Attorneys
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  August 7, 2020

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Upcoming Online CLE
10
Aug
7 Ways to Quash a Subpoena
12
Aug
Maximizing Damages from Complaint to Trial
19
Aug
10 Litigation Tips for Insurance Claims
24
Aug
PI: 101 Series- How To Work Up Your Case From Sign-Up To Trial - “I signed up the case, now what?"
25
Aug
Alcohol and Drugs Investigated: The Science Integrated Into Your Case
3
Sep
Using Demonstrative Aids in Trucking Cases: Avoid Potential Hurdles to Admissibility
4
Sep
How to Handle Defense Objections During Depositions: Combine the Law with Techniques
Announcements

 
NATA 2020 ANNUAL MEETING & FALL SEMINAR HYBRID
"Lessons from Counsel's Table: Trial Stories to Prepare You for Your Next Courtroom Experience", Friday, September 25, 2020. Live or online – it’s your choice! In response to the COVID-19 pandemic, NATA will offer a hybrid annual meeting combining the best of both worlds. Attend in person at the Scott Conference Center, Omaha or by live webcast from your home or office. Details of the program and online registration is available at www.NebraskaTrial.com  

Class Action

 
Kansas Woman Sues After Being Denied Travel Refund With Trip Insurance
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A Kansas woman has filed a lawsuit seeking class action status after an online booking website's travel insurance provider refused to refund her for a canceled trip to Texas. The woman alleges the defendants refused to refund her more than $3,500 for a Texas vacation she canceled over COVID-19 concerns. As stated in the complaint, the plaintiff paid $254.53 for a travel insurance coverage plan through CSA Travel Protection and Insurance Services when she booked the trip. The lawsuit, filed as a proposed class action, seeks $500,000 in damages and a jury trial in Kansas City.
Amy Renee Leiker, Wichita Eagle 08/07/2020   Facebook iconTwitter iconLinkedIn Icon
Read Article: Wichita Eagle    

Class Claims Filed Over Wet Ones Hand Wipes
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As the COVID-19 pandemic continues to ravage the United States, consumers are relying heavily on cleaning supplies and accompanying advertising of the products’ germ-killing capabilities. On July 31, 2020, class claims were filed in federal court in the Southern District of California against Edgewell Personal Care Company, manufacturer of the popular Wet Ones hand wipes, alleging that the defendant misled consumers in representing that the product kills 99.9% of germs.
Elizabeth DiNardo, Esq., Associate Counsel, Counsel Financial 08/07/2020   Facebook iconTwitter iconLinkedIn Icon
Read Article: Counsel Financial    


Laws/Cases

 
Federal Lawsuit Seeks Release of Detainees in South Florida Citing Virus Concerns
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A federal lawsuit seeks the release of individuals detained at South Florida detention centers, stating that "death and/or permanent harm is imminent." The complaint was filed by 13 detainees seeking the continuation of their deportation proceedings from their home country. They allege their serious underlying medical issues would exasperate their condition if they were to also contract coronavirus. U.S. District Judge Marcia Cooke is expected to issue a decision in the coming weeks.
Jocelyn Grzeszczak , Newsweek 08/05/2020   Facebook iconTwitter iconLinkedIn Icon
Read Article: Newsweek    

Southampton Property Owner Alleges Town Error Cost Him $60,000
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The Town of Southampton, New York, has been hit with a lawsuit filed by a homeowner forced to spend $60,000 on a new nitrogen-reducing septic system he alleges was unnecessary. The lawsuit filed June 28 in state Supreme Court alleges the town erred in requiring him to bring the property up to code. According to the lawsuit, town officials stated the 1961 certificate of occupancy for the plaintiff's property was not valid and he could not reapply for a rental permit. However, upon searching the plaintiff quickly found that all the proper documents were issued in 1965. The lawsuit seeks $80,000 in damages from the town.
Vera Chinese, Newsday 08/06/2020   Facebook iconTwitter iconLinkedIn Icon
Read Article: Newsday    

Woman Sues After Being Arrested, Strip Searched at Disney World for Having CBD Oil
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A North Carolina woman arrested at Disney World for carrying therapeutic CBD oil has filed a lawsuit against Disney and a Florida sheriff's department. The 69-year-old was placed under arrest by a sheriff's deputy at Disney World in April 2019 for carrying the CBD oil, recommended by her doctor for severe osteoarthritis in her legs. After being arrested in the presence of her husband, their disabled adult daughter and two adopted children, the woman was forced to undergo a strip and body cavity search. The lawsuit was filed last month in Orange County, Florida, and alleges "improper arrest and detention on baseless felony narcotics charges."
Curtis Tate, USA Today 08/06/2020   Facebook iconTwitter iconLinkedIn Icon
Read Article: USA Today    


Wrongful Death

 
Federal Appeals Court Rejects Lawsuit Over Fatal Mine Shaft Crash
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A federal appeals court has rejected a lawsuit filed over a fatal car crash into an abandoned mine shaft in the Rocky Mountain foothills of Colorado. The lawsuit was filed by the parents of the woman who died when when the car she was riding in drove off the road into the mine shaft. The plaintiffs alleged the U.S. government was negligent in not posting a warning sign or erecting a barrier near the abandoned mine shaft. The appeals court upheld a district court's dismissal of the lawsuit stating the government was immune from liability under a provision of the Federal Tort Claims Act. The driver, the lone survivor in the crash, was sentenced to three years' probation after pleading guilty to reckless endangerment and reckless driving.
James Anderson, Claims Journal 08/06/2020   Facebook iconTwitter iconLinkedIn Icon
Read Article: Claims Journal    

Widow's Lawsuit Says Husband Suffered Fatal Injury at Montana Care Facility
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A senior care facility in Billings, Montana is facing a lawsuit over a fatal injury suffered by a resident in 2018. The facility, Canyon Creek Memory Care Community, has recently seen a cluster of deaths due to a COVID-19 outbreak. The lawsuit filed in U.S. District Court in Billings on Thursday alleges a resident died just one week after arriving at the facility two years ago. The resident was assaulted by another resident who pushed him to the floor. His wife has filed suit seeking $1 million from the care facility.
Phoebe Tollefson, Billings Gazette 08/06/2020   Facebook iconTwitter iconLinkedIn Icon
Read Article: Billings Gazette    



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