Law & Policy: Civil Actions
Judge: O'Bannon Case Can Move Forward as a Class Action
by John Wolohan February 2013
In a case that exemplifies the saying that "the wheels of justice grind slowly," a U.S. District Court judge in California, Claudia Wilken, last week denied the NCAA's attempt to prevent a group of former and potentially current football and basketball players from having their antitrust and image rights lawsuit classified as a class action. A certification hearing is now scheduled for June 20.
Hot-Dog Injury Case Goes to Extra Innings
by Carla Varriale January 2013
In the legal equivalent of a two-out, two-strike, bottom-of-the-ninth-inning homer, John Coomer, the spectator struck in the eye by a hot dog launched by the Kansas City Royals mascot, has been granted a new trial in the case.
Member's Back Injury Will Go Before Another Court
by Carla Varriale January 2013
Dianne Layden, a registered nurse, had been a member of No Limits Fitness for nine months when she hired Angela Plante to provide personal training services. Plante, a certified personal trainer at the club, designed an exercise program in March 2007, and Layden performed the exercise program on her own for three months. At that point, having grown "tired of doing the same exercises," Layden asked Plante to teach her a new program, advising the trainer that she had a history of back problems and a herniated disc. Plante instructed Layden during a single training session, during which Layden did not experience any discomfort, but she experienced mild back pain shortly afterwards and for the next day. In spite of that, Layden returned to the club two days later and repeated the program without supervision. She later acknowledged that her discomfort was apparent from the first squat, performed on a Smith machine, but she continued to do 14 more.
Connecticut Town Settles P.E. Drowning Case for $1.5M
by Michael Popke — AB Managing Editor January 2013
The town of East Hartford, Conn., has agreed to pay a $1.5 million settlement to the family of 15-year-old Marcum Asiamah, a physical education student who drowned in the local high school pool last year. According to The Hartford Courant, the town's insurer will pay $1 million and the town will pay a $500,000 deductible (which will reportedly be taken from the board of education's budget).
Lawsuit Seen as Embarrassing, Merited, Political Football
by Paul Steinbach January 2013
Reaction to Pennsylvania governor Tom Corbett's announcement Wednesday that he intends to sue the NCAA over its response to the Jerry Sandusky scandal at Penn State came with swiftness reminiscent of NCAA's original actions.
U. of Iowa Climbing Wall Closed After Student Falls
by Emily Attwood November 2012
The rock climbing wall at the University of Iowa is closed indefinitely after a fall landed one student in the hospital on Nov. 9. Business student Spencer Bean, an experienced climber who is also an employee of the Campus Recreation and Wellness Center, fell 30 feet, landing upright on his feet. He remained conscious and coherent for a few moments before passing out.
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 email@example.com for a replacement.
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.
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.