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Appeals Wrongful Death Negligence

Akerman LLP

Texas Supreme Court Clarifies Proximate Cause in Catastrophic Highway Accident – Werner Enterprises, Inc. v. Blake

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On June 27, 2025, the Texas Supreme Court issued its opinion in Werner Enterprises, Inc. v. Blake, No. 23-0493, providing significant guidance on the doctrine of proximate cause in Texas negligence law. The Court reversed a...more

Chartwell Law

Texas Supreme Court Reverses $89M Verdict in Landmark Trucking Case

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The Texas Supreme Court recently issued a major opinion reversing a nearly $90 million judgment against a national motor carrier in a personal injury suit arising from a multi-vehicle crash on an icy interstate. The case,...more

Hanson Bridgett

The Texas Supreme Court Detours the Trucking Industry Around a Historic Nuclear Verdict

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On an icy winter day more than ten years ago, the driver of an F-350 pickup truck, traveling eastbound on Interstate 20, crossed a 42-foot grassy median, entered in westbound traffic, and collided with a Werner Enterprises...more

Cozen O'Connor

Texas Supreme Court Narrows Employer Liability and Explains Standard for Proximate Cause

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In a significant decision issued on June 27, 2025, the Supreme Court of Texas reversed a jury verdict awarding over $89 million in damages in favor of the plaintiffs in Werner Enterprises, Inc. v. Blake, holding that the...more

Carlton Fields

Sixth Circuit Finds No E&O Coverage for GL Carrier Under E&O Policy for Underlying Motel Claim

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In Columbia Casualty Co. v. State Auto Mutual Insurance Co., the Sixth Circuit Court of Appeals concluded, under Ohio law, that a demand letter to a general liability insurance carrier’s insured containing allegations of bad...more

Hanson Bridgett

Taking Responsibility: Who’s At Fault? Lorenzo Court Says Everyone

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A recent court ruling raises questions and concerns over the scope of liability owners and contractors may face when a subcontractor's employee is involved in an off-site accident during the course of construction. ...more

Clark Hill PLC

Colorado Court of Appeals Holds That the Felonious Killing Exception Applies to Corporations

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In Ross v. Public Service the Colorado Court of Appeals ruled on March 20 that the Felonious Killing Exception applies to corporations. What is the “Felonious Killing Exception?”...more

Goldberg Segalla

Illinois Jury Finds for Plaintiff in Wrongful Death Action Involving Asbestos Exposure

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Jurisdiction: Illinois Circuit Court – Cook County - This lawsuit involved a survival and wrongful death action brought under the Federal Employers’ Liability Act (FELA) in Illinois.  Plaintiff, Annette Sanders, represented...more

Husch Blackwell LLP

FAAAA Circuit Split Remains Unresolved as U.S. Supreme Court Denies Certiorari in Gauthier vs. TQL

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On January 13, 2025, the U.S. Supreme Court declined to grant certiorari in the case of Gauthier vs. Total Quality Logistics, leaving the decision of the Eleventh Circuit Court of Appeals intact. This means that freight...more

Fuerst Ittleman David & Joseph

Florida Nursing Home Negligence Update: Florida’s Fourth District Court of Appeal quashes denial of motion to dismiss nursing home...

On August 9, 2023, in Preston v. The Estate of Romanoff, No. 4D23-282 (Fla. 4th DCA August 9, 2023), Florida’s Fourth District Court of Appeal granted a petition for writ of certiorari and quashed the trial court’s order...more

Laughlin, Falbo, Levy & Moresi LLP

What Happens at Work Stays at Work? Bringing Covid-19 Home to Your Spouse (Update)

There is no question COVID-19 altered our existence as humans. Worldwide, the pandemic has touched all aspects of daily life. It is not surprising, then, that we are still seeing the ripple effects in the California Workers’...more

Haight Brown & Bonesteel LLP

The First Appellate District Confirms Event Operators and Organizes Have Duty Not to Increase Inherent Risks Under the Primary...

In Hass v. RhodyCo Production (No. A142418 – 8/13/2018), the First Appellate District’s applied longstanding rules regarding when express waivers are effective and the primary assumption of risk doctrine to deny summary...more

Butler Snow LLP

Sports Torts and Courts

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Who has not been injured in a recreational, athletic activity? Who has not accidentally injured someone else in the course of play? We all have … an errant softball throw, a shanked iron, a bouncing horseshoe. We enjoy the...more

Carlton Fields

Florida Appellate Court Rejects Jury’s Bad Faith Verdict

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It feels like a black swan event: last month, in GEICO Gen. Ins. Co. v. Harvey, No. 4D15-2724 (Fla. Ct. App. Jan. 4, 2017), a Florida appellate panel unanimously overturned a jury verdict, on the ground that the plaintiff’s...more

Robins Kaplan LLP

Eighth Circuit Opinions Highlight Need to Apply Appellate Lens at Trial Court

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We often quip that the best way to establish a winning record as an appellate lawyer is to represent the party that won below; that’s no joke. In nearly every appellate court— state or federal— appellants have an uphill...more

Foley Hoag LLP - Global Business and Human...

Alien Tort Case Development: Ninth Circuit Affirms Dismissal of Claims Against Occidental Petroleum

In mid-December, the Ninth Circuit Court of Appeals affirmed the dismissal of claims filed pursuant to the Alien Tort Statute (“ATS”) against Occidental Petroleum. Plaintiffs in the case argued that Occidental should be held...more

Sands Anderson PC

Supreme Court of Virginia Grants Cert in Respondeat Superior Case

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Hat tip to the Virginia Lawyers Weekly for covering a story about a recent case that may have a far-reaching impact on the doctrine of respondeat superior in Virginia. The Supreme Court of Virginia has granted certiorari in a...more

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