In 2011, a company sued the Consumer Product Safety Commission to keep a report about one of its products out of the CPSC’s database. The company filed a motion to have the case litigated under a seal, with the company proceeding under a pseudonym. North Carolina Policy Watch’s legal analyst Sharon McCloskey reports:
In a decision released today, the 4th U.S. Circuit Court of Appeals in Richmond held that the public and press right of access to court records trumps a corporation’s desire to keep quiet complaints about one of its products — regardless of whether those complaints are inaccurate or unfounded.
NCPW’s McCloskey explains the decision and its importance here.
Imagine an issue statement when the facts include a spudzooka, gunpowder, video, and perhaps some beer.
The Wall Street Journal’s Law Blog reports that Colby Hines, a maintenance worker at an Atlanta-based railway service provider, is arguing that a serious head injury caused by his coworkers’ shenanigans at the rail yard was the fault of his employer:
The lawsuit brought against Railserve relies on a tort theory adopted by many states that says an employer can be held responsible for an action taken by an employee — one who is off the clock but still on company premises — that causes intentional harm to others.
The injury occurred back in 2010 when, after a few beers, the employee’s coworkers decided to test a “spudzooka”–a homemade potato cannon that, depending on design, uses a small explosive charge to propel a potato downrange. However, instead of being packed with potato, the device was full of metal bits. When the device fired it essentially acted as a pipe bomb. Hines caught flying shrapnel in the head while he recorded the event with his phone. He was off the clock at the time, but claims the potato cannon was constructed at the direction of a company supervisor.
In the 2012 lawsuit, the employee claimed that the employer failed to maintain a safe work space. The trial court dismissed his case, but a state appeals court overruled the decision.
A petition submitted by Railserve raises the question of whether “the Court of Appeals properly interpreted Restatement (Second) of Torts § 317 to enable a plaintiff to recover in Court against his employer as a consequence of injuries he sustains, in part, by virtue of his own tortious acts committed outside the scope of employment.” Attorneys for the company claim the decision could have far-reaching effects.
Get ready for your big day! More information on commencement can be found here.
Students now need to show a Spring 2014 Durham Tech photo ID every time they come to the library. If you are registered for classes, a Spring 2014 sticker for your ID card is free at the Campus Security office, which is located in Building 8, adjacent to the Phail Wynn Jr. building. Each semester, you will need a current ID. Visitors will be asked to sign in with their name and address. Also, food and drink will no longer be allowed in the library, so do your snackin’ before you hit the library,
From the North Carolina Bar Association:
It’s not too late to sign up for the 2014 Paralegal Career Fair!! This is an excellent opportunity for students and recent graduates to talk to experienced paralegals, legal support vendors, NC State Bar Board of Paralegal Certification, and local paralegal organizations. We are also featuring a Career Dressing Corner where attendees can register to win a variety of gift cards from our sponsors, including a $150 Belk gift card sponsored by CaseWorks!
Date: Friday, April 4, 2014
Time: 1:00 – 4:00 pm
Location: Guilford Technical Community College
Building w2 (Continuing Education Center) in Rooms 152 A-D located at
3505 E. Wendover Ave, Greensboro, NC.
All your hard work has paid off and graduation is right around the corner! But make sure you’ve got your ducks in a row. The graduation registration deadline is April 17. Click here for more commencement information. Got questions about graduation? Contact DTCC’s Jacquelyn McKeithan-Foster at 919-536-7214, ext. 1804.