Anderson, Buenaventura, Mahler, & Pace on Hensler on Tort
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July 10, 2025 Clients, Friends, and Associates: As we close out the second quarter of what has been an eventful year for the digital asset sector, we would like to highlight several recent industry and firm developments that we believe will be of interest to many of our clients and colleagues. This update includes notable developments regarding the regulatory environment around digital assets specifically, as well as items that affect the securities and investment management industries more broadly. As always, our intention is to present an informative, brief overview of these topics. We are available should you have any questions on any of these items or related matters. **** CFM Items CFM Hedge Funds Practice and Managing Partner Karl Cole-Frieman Each Receive Chambers Rankings. We are pleased to announce that CFM’s hedge funds practice has been recognized by Chambers as a Band 4 hedge funds practice among U.S. law firms, and Karl Cole-Frieman has been…
Back when the debate about foreign law—including especially Islamic law—in U.S. courts was in the news, I blogged quite a bit about it. I also wrote two law review articles on the subject, see Foreign Law in American Courts and Religious Law (Especially Islamic Law) in American Courts. My basic view was that: American courts often rightly do consider foreign law and foreign judgments, because American law calls on them to do that; and it would generally be senseless for American law to categorically block American courts from doing that. That sometimes includes the judgments of religious courts, and judgments of foreign courts applying religious law that is part of the foreign legal system. In some situations, American courts should refuse to apply foreign or religious law, or enforce the judgments of foreign or religious courts—but existing American law already has the tools needed for that. Here's a recent illustration of this (especially item 3) from…
(Photo by Win McNamee/Getty Images)If you were under the impression that the Attorney General of Missouri had a duty — legal, ethical, or even just cosmetic — to use his office to improve the lives of citizens in a state already losing the race in crime, health, education, economic opportunity… Andrew Bailey is here to disabuse you of such a quaint notion. The political striver who tried to leverage the state’s law enforcement apparatus to avenge Elon Musk’s hurt feelings is big mad with big tech and fired off a bunch of letters complaining that generative AI isn’t appropriately deferential to Donald Trump. “Today, Missouri Attorney General Andrew Bailey sent a formal demand letter to Google, Microsoft, OpenAI, and Meta regarding biased and factually inaccurate responses produced by the companies’ artificial intelligence chatbots,” yesterday’s press release screeched. “The letters demand information on…
Johanna Aleria P. Lorenzo (Univ. of Amsterdam - Law) has published International Financial Institutions and Sustainable Development: Lawmaking and Accountability (Cambridge Univ. Press 2025). Here's the abstract:Balancing theoretical and practice-oriented elements, this book introduces researchers, teachers, and students in international sustainable development law to the IFIs' safeguard policies. It also scrutinizes the case law of independent accountability mechanisms that interpret those policies and afford recourse to individuals and communities adversely affected by development projects. The book's focus on the procedural and substantive features of IFIs' safeguard systems contributes to a more concrete understanding of these organizations' participation in the international lawmaking process on sustainable development. It puts IFIs in the spotlight and provides an international legal critique of their activities to match their notoriety in popular…
T-Mobile is ending DEI (diversity, equity, and inclusion) policies in an attempt to obtain the Trump administration's approval for two mergers. "As T-Mobile indicated earlier this year, we recognize that the legal and policy landscape surrounding DEI under federal law has changed and we remain fully committed to ensuring that T-Mobile does not have any policies or practices that enable invidious discrimination, whether in fulfillment of DEI or any other purpose," T-Mobile General Counsel Mark Nelson wrote in a July 8 letter that was posted to the Federal Communications Commission's filings website yesterday. "We have conducted a comprehensive review of T-Mobile's policies, programs, and activities, and pursuant to this review, T-Mobile is ending its DEI-related policies as described below, not just in name, but in substance." It's clear that T-Mobile was trying to influence the FCC's review of its pending transactions because the…
This post was co-authored by EFF legal intern Noam Shemtov We are in a constant dialogue with Internet search engines, ranging from the mundane to the confessional. We ask search engines everything: What movies are playing (and which are worth seeing)? Where’s the nearest clinic (and how do I get there)? Who’s running in the sheriff’s race (and what are their views)? These online queries can give insight into our private details and innermost thoughts, but police increasingly access them without adhering to longstanding limits on government investigative power. A Virginia appeals court is poised to review such a request in a case called Commonwealth v. Clements. In Clements, police sought evidence under a “reverse-keyword warrant,” a novel court order that compels search engines like Google to hand over information about every person who has looked up a word or phrase online. While the trial judge correctly recognized the privacy interest in our…
Getty ImagesEd. note: This is the fourth post in a series. In our previous articles, we’ve explored how to lay the groundwork for a compelling CLE, structure your content, incorporate humor, and engage your audience through interactivity. Now, we turn our attention to a specific type of CLE that carries particular significance in the legal profession: the Ethics CLE. Crafting an effective Ethics CLE is not just about fulfilling a requirement — it’s about addressing the profound ethical challenges that legal professionals face in their day-to-day practice. THE UNIQUE CHALLENGES Creating an Ethics CLE involves more than just covering the basics of legal ethics. It requires a deep understanding of the ethical dilemmas that your audience might encounter and providing practical guidance that they can apply in real-world situations. Key Considerations • Audience Analysis: Start by understanding who your audience is. If your attendees are…
The Ammons Law Firm has filed a lawsuit against 3B Dozer Service, LLC and other parties after a serious tractor-trailer collision allegedly caused burn injuries to a Texas motorist. The crash occurred on State Highway 6 in Falls County, Texas, and involved a 2016 Freightliner semi-truck reportedly owned and operated by 3B Dozer Service. According to the complaint, the truck driver attempted to merge onto Highway 6 in an unsafe manner, causing a multi-vehicle collision. One of the vehicles allegedly caught fire, resulting in second-degree burns to the plaintiff’s feet and ankles. The injuries reportedly affected 10 to 19 percent of the plaintiff’s body surface and required emergency treatment. The lawsuit alleges that the driver failed to maintain a proper lookout, did not merge safely, and failed to yield the right of way as required under Texas Transportation Code Section 545.061. Claims are brought against 3B Dozer Service under the legal doctrine of respondeat…
The Ammons Law Firm has filed a lawsuit against M.W. Rentals & Services, Inc. and DOS Oilfield Services, LLC following the death of a worker who was electrocuted at a remote oilfield worksite. According to the lawsuit, the worker suffered fatal injuries while performing maintenance on a generator powering a cooling shack. The complaint alleges the decedent was electrocuted while attempting to install a Ground Fault Circuit Interrupter (GFCI) on a generator unit. The equipment was allegedly being used to supply electricity to a cooling area intended for use by DOS Oilfield Services employees. The lawsuit claims that the worksite lacked appropriate safeguards, and that the generator system was not managed in accordance with accepted safety practices. The filing raises multiple claims against M.W. Rentals & Services, Inc., including failure to provide proper safety training related to electrical work and failure to ensure workers had access to personal protective equipment…
James M. Anderson (RAND Corporation), Maya Buenaventura (RAND Corporation), Amy Mahler (RAND Corporation), & Nicholas M. Pace (RAND Corporation) have posted Empirical Tort Law (and Theory)-An Essay in Honor of Deborah Hensler on SSRN. Here is the abstract: In this essay to honor Deborah Hensler, we summarize an update to her classic study on claiming behavior and explore its policy implications. More specifically, we empirically document how those with significant medical conditions utilize the civil liability system, particularly in terms of making claims against others, seeking the advice of legal professionals, and initiating litigation. We find that few who are injured or fall ill believe that another party is responsible, and even among that group, relatively few seek compensation against that party. Still fewer contact attorneys or file a lawsuit. Our findings have implications for the social welfare system, the role of tort law, and the way the selection of…
The Ammons Law Firm has filed a lawsuit against Johnny Steele-Design Inc. following a serious bicycle crash in Houston, Texas. According to the complaint, a company-owned truck allegedly struck a cyclist while turning into a private driveway. The lawsuit states that the driver failed to yield the right of way while making a left turn and collided with the cyclist, causing significant injuries. The injured individual reportedly sustained facial abrasions, trauma to the legs, hands, and chest, and two broken fingers that required surgical repair with screws and plates. Legal claims against Johnny Steele-Design Inc. include both direct and vicarious liability. The lawsuit alleges the company failed to adequately train and supervise its driver and may be held vicariously liable under the doctrine of respondeat superior for the driver’s actions while performing job-related duties. The driver allegedly breached multiple duties of care, including failure to maintain a proper…
There are so many tall tales in personal injury law. Things which you hear from your friends, family, therapists, neighbours, acquaintances, or random people in your community are so far off from the reality of what actually happens behind the scenes, and the work involved in a personal injury case. The only people who really know what happens, and how things happened are the lawyers themselves. There are a lot of reasons for this. For starters, personal injury cases deal with new litigants, who are unfamiliar with personal injury cases, or how the law works. This is completely normal as for the majority of clients, it’s their first time hiring a personal injury lawyer, or a lawyer all together. When you are new to litigation, it’s hard to understand how things get done. It’s perfectly ok to be a first time litigant. In fact, if you’re a multiple time litigant for a personal injury case, it will give your lawyer cause for concern. You must be terribly…
The Ammons Law Firm has filed a lawsuit against M&J Transport Lines, LLC, and its driver following a collision where a commercial truck allegedly failed to yield the right of way when exiting a private driveway onto a public roadway. According to the complaint, the tractor-trailer was turning left from a private driveway and allegedly failed to keep a proper lookout. The driver reportedly entered the roadway without yielding, causing a crash that left the occupant of a passenger vehicle with serious injuries. The lawsuit seeks to hold M&J Transport Lines liable under the legal doctrine of respondeat superior, which allows a company to be held responsible when its employee causes harm while acting within the scope of employment. In addition, the company faces direct negligence claims, including failure to properly train and supervise the driver, inadequate safety protocols, and negligent entrustment of the commercial truck. The injured plaintiff is seeking damages for…
The Ammons Law Firm has filed a lawsuit against Orozco Trucking Inc. following a serious collision involving a commercial tractor-trailer and a passenger vehicle on U.S. Highway 70 in Choctaw County, Oklahoma. The lawsuit alleges multiple counts of negligence against both Orozco Trucking and its driver. According to the complaint, the tractor-trailer driver allegedly attempted to pass a vehicle on the left while that vehicle was preparing to turn left at an intersection. This maneuver led to a crash involving the passenger vehicle. The lawsuit further alleges that the truck driver failed to yield the right of way and violated multiple Oklahoma traffic safety laws. At the time of the incident, the commercial driver was reportedly operating a 2019 Volvo truck tractor within the scope of employment. As a result, Orozco Trucking may be held vicariously liable under the legal doctrine of respondeat superior, which allows an employer to be held responsible for actions taken by an…
The Question Notice Paper for the forthcoming General Synod in July 2025 included the following Q&A exchange on gluten-free bread/non-alcoholic wine issue raised in February. Q172 Mrs Abigail Ogier (Manchester) to ask the Chair of the Liturgical Commission: What progress has been made to ensure that people who are unable to consume gluten and/or alcohol in even trace amounts can receive holy communion? The Bishop of Lichfield to reply as Chair of the Liturgical Commission: A Thank you for this question which in its precision helps us to clarify several points: Reduced-gluten bread and reduced-alcohol wine are appropriate matter for the celebration of Holy Communion in the Church of England. With reference to these, it may be helpful to repeat my answer to a supplementary question at General Synod in February this year, when I said: ‘Many Church of England churches across the country routinely offer what is described as ‘gluten free’ bread or…
Federal lawsuit attacks pro-animal law already approved by voters and upheld by Supreme Court kblocher@human… Thu, 07/10/2025 - 19:05 By Sara Amundson and Kitty Block No political stunt will bring down the cost of eggs, which is still badly affected by an avian flu epidemic that has decimated the hens in the egg industry across the U.S. and caused severe market shortages. And yet, in a lawsuit filed last night, the U.S. Department of Justice has tried to resurrect—without warrant and without real facts—a long-ago settled legal fight over California’s cage-free egg laws that have been supported by voters, farmers and advocates for animal welfare and other causes across the board. This lawsuit seeks to undo the cage-free eggs provisions of California’s Proposition 12, despite many similar losing lawsuits filed over the last decade, and even though Proposition 12 was upheld by the Supreme Court of the United States just two years ago in…
"A judge’s actions, even when done in her official capacity, do not bar criminal prosecution if the actions were done in violation of the criminal law." The post Wisconsin Judge Who Helped Illegal Alien Avoid ICE Suffers Legal Setback in Federal Criminal Case first appeared on Le·gal In·sur·rec·tion.
The Ammons Law Firm has filed a lawsuit against Heritage Hotels and Resorts Inc. following a slip and fall accident at a hotel in Taos, New Mexico. The legal action seeks compensation for a hotel guest who suffered significant injuries due to allegedly dangerous conditions on the property. According to the lawsuit, the incident occurred when a guest was staying at the El Monte Sagrado Hotel and Spa Resort. It was a windy day, and the hotel grounds were covered in leaves, including walkways and pavers leading to guest rooms. The lawsuit alleges that these leaves were allowed to accumulate and remain on the walkways without proper removal, which created an unreasonably slippery and dangerous walking surface. The leaves allegedly concealed defects in the walkway, including loose and broken pavers that posed additional hazards to guests. While walking to her room, the guest allegedly stepped on a leaf-covered, broken paver and slipped and fell, suffering serious injuries. The legal…
The Ammons Law Firm has filed a lawsuit against Arnold Transportation Services, Inc., and others following a serious motor vehicle accident in Harris County, Texas. According to the complaint, a commercial vehicle owned by Arnold Transportation Services was operated by a company driver who changed lanes unsafely. The maneuver caused a chain reaction that ultimately led to a collision with the plaintiff’s vehicle, resulting in serious injuries. The lawsuit alleges the commercial driver failed to maintain a proper lookout, performed an unsafe lane change, and did not ensure the lane was clear before attempting the maneuver. These actions allegedly caused the crash and the plaintiff’s resulting harm. Arnold Transportation Services is also named as a defendant under a legal principle known as respondeat superior, which can hold employers liable for their drivers’ actions when performed within the scope of employment. The lawsuit further alleges independent…