Monday, February 6, 2012

TRO and INJUNCTION

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The Handouts list several legal actions other than medical malpractice.  Two of those are TRO and Injunction.

A TRO (Temporary Restraining Order) can be signed by a judge to temporarily stop an action that can cause irreparable harm.  Once the action is blocked, a hearing will be scheduled to hear all parties on the question whether the TRO should be lifted or made a permanent injunction.


 Here is a genuine court complaint seeking a court order to prevent termination of health care.
Petition for Restraining Order and Injunction

Saturday, February 4, 2012

Legal Duty Not to Fire Bottle Rocket from Anus

Interesting account of a lawsuit arising from an alleged breach of duty.

This isn't likely, one hopes, to have much application to physicians except that we can still see that the Duty-Dereliction-Damage-Direct Cause formula applies to many torts [anus-bottle rocket] other than simple medical malpractice.


Odd Breach of Duty Unlikely to Happen Again

The Complaint alleges that the defendant was derelict in his Duty not to fire bottle rockets out of his anus.

Since the rocket actually blew up next to the anus rather than taking flight, one wonders if there might also be a product liability case here as well.

Probably not, since using a device in a manner not intended by the manufacturer is a good product liability defense.  The name says it all: 'Bottle Rocket' and not 'Anus Rocket'.

UPDATE:  This practice may not be as uncommon as I imagined.  Definitely a boy thing.  Hard to imagine sorority girls entertaining themselves like this.

DEMONSTRATION