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America January 1, 2024 2 mins read

Personal Injury & Medical Malpractice Cases in 2024

America ı By Rihem Akkouche

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Personal Injury & Medical Malpractice Cases in 2024

In a legal odyssey that could redefine Second Amendment jurisprudence, the U.S. Supreme Court is poised to render a pivotal decision in the wake of their Bruen precedent. The case, U.S. v. Rahimi, challenges a federal statute restricting gun ownership for individuals under domestic violence restraining orders.

Justice Ketanji Brown Jackson, scrutinizing the historical analog test established in Bruen, questioned its application to America's diverse gun regulation past. Plaintiff Zackey Rahimi contends that the statute infringes upon the Second Amendment, challenging a Fifth Circuit ruling that struck it down.

"I'm troubled by a history and traditions test that selectively counts only certain people's history," expressed Justice Jackson during oral arguments in November, injecting a sense of perplexity into the deliberations.

Second Circuit Grapples with Clash Between State Law and Federal Shield

Meanwhile, the Second Circuit grapples with the clash between a New York public nuisance law and federal protections for firearm manufacturers. The law, championed by Letitia James, aims to hold gun industry members accountable for public harm. However, the National Shooting Sports Foundation, along with major players like Beretta USA Corp. and Glock Inc., asserts it violates the Protection of Lawful Commerce in Arms Act.

In a courtroom clash echoing the intensity of a high-stakes duel, counsel Matthew D. Rowen argued vehemently against allowing states like New York to sidestep federal safeguards. The case, National Shooting Sports Foundation Inc. v. Letitia James, promises to unravel the intricate web of federalism and constitutional rights.

Florida Supreme Court in Dilemma Over $31 Million Hit-and-Run Award

The drama unfolds in Florida as the state's Supreme Court grapples with the aftermath of a $31 million jury award in a hit-and-run case. Potbelly's, a Tallahassee bar, faces allegations of an intentional tort for serving alcohol to an underage, intoxicated driver who later struck teen pedestrian Jacquelyn Faircloth.

The courtroom atmosphere crackles with tension as justices weigh whether Potbelly's intentional act constitutes an intentional tort, exempt from comparative fault statutes. The family's attorney, David Sales, contends that intentional torts like this fall outside the purview of comparative fault, setting the stage for a legal showdown.

As Justice John Couriel challenges Potbelly's defense, asserting the bar's willful violation of state law, the legal battlefield becomes a vortex of uncertainty. The Florida Supreme Court is tasked with determining whether the state's comparative fault statute applies to tort actions involving the dram shop exception.

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Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

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