Seventh Circuit Holds “Indignation” is Not An Injury-In-Fact

The plaintiff in Carello v. Aurora Policeman Credit Union, a blind man, sued the Aurora Policeman Credit Union under Title III of the Americans with Disabilities Act (ADA) alleging its website was not accessible to him through screen reader software. The plaintiff alleged both dignitary and informational harm. The District Court dismissed the case for lack of standing. On appeal, the Seventh Circuit Court of Appeals affirmed, finding neither of these alleged harms satisfied the injury-in-fact requirement to confer standing.

The […]

By | Aug 03, 2020 |

New York Appellate Court Upholds Only $250K For Cervical Fusion Pain And Suffering Award

In Chung v. Shaw, 2019 NY Slip Op 06468 (2d Dept. 2019), New York’s Appellate Division, Second Department, increased a jury award for past and future pain and suffering from $25,000 to $250,000. The total pain and suffering award is notably low for a fusion surgery in New York appellate jurisprudence on the question of sustainable “reasonable compensation.”

The plaintiff’s vehicle was rear-ended by the defendant. At the damages-only trial, the evidence established that the plaintiff […]

By | Aug 01, 2020 |

North Carolina Personal Injury Claims Involving Minors

Everyday individuals unfortunately are injured across North Carolina in all sorts of different ways—from car wrecks, to “slip/trip and falls,” to other accidents.

And, sadly, these injuries sometimes involve children or other minors—those under 18 years old. When injuries occur because someone was legally liable and caused the injury, there may be a valid legal claim on behalf of the injured minor. Such cases involving minors can be heartbreaking, and they involve unique legal issues. […]

By | Jul 30, 2020 |