Jennifer Morinigo Posts

Liability Insurance Draft Cited

In a decision that discussed the issue of rescission of insurance contracts in cases of material misrepresentations in insurance applications by high-risk insureds, the Superior Court of the State of California, County of Los Angeles cited the Proposed Final Draft of Restatement of the Law, Liability Insurance.

Sentencing Approved

At ALI’s Annual Meeting on Wednesday, May 24, members voted to approve The Model Penal Code: Sentencing project. This completes these three portions of the project.

Third Circuit Rules Samsung Cannot Compel Arbitration

In Noble v. Samsung Electronics America, Inc., the plaintiff, after purchasing a smartwatch that advertised “24 to 48 hours with typical use,” found that the device’s batter only lasted for a few hours. When he determined that other customers were experiencing the same issue, he filed a class action complaint in federal court. Samsung then sought to compel arbitration based on a clause in the “Health and Safety and Warranty Guide,” which is included in every box when purchased.

Contact Requirement in Infliction of Bodily Harm

Mr. Eichenwald, a journalist who has been critical of President Donald Trump, was sent an image via Twitter that intentionally caused him to have a seizure. The tweet read, “you deserve a seizure for your posts.” Mr. Eichenwald filed paperwork in a Dallas court asking Twitter to identify the person who sent the tweet, and Twitter has indicated that it will turn over the data on the user.