Law & Policy: Civil Actions
Warning Labels at Center of Products Liability Case
by John Wolohan November 2012
Randall Duchesneau, a 21-year-old student at Cornell University, was using a Tumbl Trak™ gymnastics tumbling training apparatus when he attempted to perform a standing back flip. Landing squarely in the center of the apparatus, Duchesneau suffered catastrophic, permanent spinal injuries, rendering him a quadriplegic. As a result of his accident, Duchesneau sued Tumbl Trak, claiming products liability - specifically, that the company failed to warn of the dangers associated with the product - and Cornell, claiming negligent supervision of this allegedly dangerous product.
40,000 TRX Suspension Trainers Being Recalled
by Emily Attwood October 2012
Fitness Anywhere has issued a voluntary recall of approximately 40,000 early-model TRX Suspension Trainers due to a faulty strap-length adjustment buckle that can break and cause injury. The models affected by the recall are Professional (P1) and Tactical (T1) Trainers sold to health clubs and gyms between January 2006 and December 2009. Owners should stop using the recalled models immediately and contact Fitness Anywhere by phone at (888) 221-7417 or by email at firstname.lastname@example.org for a replacement.
Blog: $14.5M Settlement Revives Debate Over Metal Bats - and the U.S. Legal System
by Andrew Cohen August 2012
News of yesterday's $14.5 million settlement of a metal-bat injury lawsuit has already ricocheted from the newswires to the anti-legal system blogosphere. The denunciations of the amount given the family of Steven Domalewski for his ongoing care (and to pay the family's attorneys) have been as hard, swift and predictable as - well, as the flight of a line drive off the barrel of an aluminum bat.
Blog: If at First T. Boone Doesn't Succeed…
by Andrew Cohen June 2012
Every so often, something comes across the newswire that stumps four seasoned editors. Wait, didn't this happen already? We covered this, right?
Bipartisan Bus Safety Bill Rolls Through U.S. Senate
by Paul Steinbach March 2012
Legislative wheels turn slowly, but five years removed from a March 2007 bus crash that killed five members of the Bluffton University baseball team and two others, a bill called the Motorcoach Enhanced Safety Act cleared the U.S. Senate last week as part of a larger transportation jobs bill.
Basketball Court Puddle Leads to $4.4 Million Jury Award
by Andrew Cohen February 2012
Some might call it an early start to March Madness - a thirty-something recreational hoops player who broke his ankle when he slipped on the basketball court at L.A. Fitness of Stamford, Conn., has had the bulk of his $4.4 million jury award upheld by a Stamford Superior Court judge.
Use of 'Suspension Training' Term Focus of Lawsuit
by Andrew Cohen August 2011
Discovery materials are due to be presented Oct. 12 in the case of Fitness Anywhere Inc. v. Lifeline International, with a trial due to start two months later in U.S. District Court, Eastern District of Virginia, which may or may not settle once and for all the question of whether "suspension training" is a generic term.
Blog: Avoiding the Legal Haze of Hazing
by John Wolohan July 2011
As high schools and colleges around the country open their doors to a new crop of student-athletes, it is worth keeping in mind the recent decision in Mathis v. Wayne County Board of Education [2011 U.S. Dist. LEXIS 20282]. In Mathis, the mothers of two 7th-grade boys sued Waynesboro (Tenn.) Middle School over a series of incidents of sexual misconduct by members of the boys' basketball team and coach David Sisk's deliberate indifference in stopping it.
A Poor Record Isn't Sufficient Reason to Fire a Coach
by Andrew Cohen April 2011
An Iowa high school coach who was fired after a 1-8 season is now 2-0 in his effort to win back his job. The Iowa Court of Appeals yesterday ruled 2-1 in favor of Bruce Wall, who was fired in April 2009 by the Jesup (Iowa) School District. According to the Waterloo-Cedar Falls Courier, district officials claimed Wall did not respond enthusiastically enough to administrators' recommendations for improvements. Wall countered that some of administrators' suggestions, such as having mandatory weight lifting sessions in the off-season, weren't legal, and that the real reason the school board removed him from his position was that he hadn't won more games. An adjudicator ruled in favor of Wall in 2010, and the appeals court agreed that the board didn't have just cause to terminate him - the win-loss record wasn't enough of a justification to let a coach go.
Health Club Waiver Invalidated After Sauna Fire
by John T. Wolohan April 2011
Regular readers of AB already know that for a court to uphold a waiver, it must be written properly.