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Damages › Tort

Bennett Jones LLP

Court of Appeal Cuts Off Speculative Product Liability Claims

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In 2024, Ontario’s highest court affirmed the principle that a certifiable tort claim requires a plaintiff to provide some basis in fact for a present, materialized injury that is “sufficiently serious.” A legally compensable...more

Weber Gallagher Simpson Stapleton Fires &...

Pennsylvania Limited Tort vs. Full Tort: Understanding Your Plaintiff’s Auto Insurance Coverage

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Do you know what kind of car insurance you or your plaintiff carries? Is it full tort or limited tort? Pennsylvania law permits a choice between two coverage options when selecting car insurance–limited tort and full tort....more

Snell & Wilmer

Redefining the Rules: How Audish v. Macias Reshaped Future Medical Expense Claims in California Personal Injury Cases

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In Audish v. Macias (2024) 102 Cal.App.5th 740, the California Court of Appeal decided a key issue concerning the admissibility of a plaintiff’s future Medicare eligibility in calculating damages for future medical expense...more

Mayer Brown

English Court of Appeal Sets the Way Forward in Significant Environmental Damages Group Litigation

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In Alame and others v Shell Plc and another, the Court of Appeal of England and Wales has overturned a High Court judgment concerning the approach to causation in a significant environmental damages group action, finding that...more

Husch Blackwell LLP

Connecticut Court Awards Punitive Damages in Recent Asbestos Trial

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The Estate of Nicholas Barone trial in Bridgeport Superior Court in Connecticut before Judge William Clark concluded with a $15 million plaintiff’s verdict on 5/16/2024. The jury also awarded punitive damages, the exact...more

Gray Reed

Mineral Lessee’s H2S Damage Claim Rejected

Gray Reed on

Landowner and mineral owner (that includes you, lessee): Under ETC Texas Pipeline, Ltd. v. Ageron Energy, LLC, your right to sue for damages for tort or trespass could pass into history before you even know you have a claim....more

Littler

Ontario, Canada Court Addresses Statutory Tort of Human Trafficking in Labour Context

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In Osmani v. Universal Structural Restorations Ltd., 2022 ONSC 6979, an Ontario court was the first to consider a claim for damages for the statutory tort of human trafficking under the Prevention of and Remedies for Human...more

Littler

Ontario, Canada: OCA Decides Union Member’s Tort Claim Against Third Party Must be Decided by Court Rather than Arbitrator

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In McCoy v. Choi, 2022 ONCA 403, the Court of Appeal for Ontario (OCA) dismissed an appeal of a motion judge’s order, which allowed a Canadian Football League (CFL) player’s action for damages against a physician for...more

Stikeman Elliott LLP

Ontario Divisional Court Overturns Certification of Intrusion Upon Seclusion Claim in Data Breach Class Action

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In Stewart v. Demme, the Ontario Divisional Court (the “Court”) overturned the certification of an intrusion upon seclusion claim in a data breach class action against a hospital, where a nurse used patient health records to...more

Patton Sullivan Brodehl LLP

Court Gives Guidance On Procedure For Pursuing “Tort Of Another” Damages

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In 1963, the California Supreme Court adopted the “tort of another” doctrine in the seminal case Prentice v. North American Title Guaranty Corporation  (1963) 59 Cal.2d 618.  According to the doctrine, any party who is...more

BCLP

HK Court confirms Labour Tribunal has no jurisdiction over mixed claims founded in both contract and tort

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The Labour Tribunal in Hong Kong has jurisdiction over a claim of money arising from the breach of a term of an employment contract. However, mixed claims founded in both contract and tort are excluded from the jurisdiction...more

Perkins Coie

Anti-SLAPP Motion May Not Be Based on Speech Activities Merely Incidental to Asserted Claims

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An anti-SLAPP motion was properly denied because the claims for damages arose from breach of contract and tort actions, not from any protected First Amendment activity. Oakland Bulk and Oversized Terminal, LLC v City of...more

Searcy Denney Scarola Barnhart & Shipley

Negligence vs. Intentional Act: What is Covered in a Personal Injury Lawsuit?

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Intentional acts and negligent acts that cause injury, along with what is called “strict liability,” all belong to a category of law called “tort” law. Put simply, torts are wrongful acts that cause injury to another...more

White and Williams LLP

Illinois Federal Court Determines if Damages Are Too Remote

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Foreseeability is a tort concept that tends to permeate several aspects of legal analysis, often causing confusion in litigants’ interpretation of, and courts’ application of, foreseeability to their cases. In Cincinnati Ins....more

White and Williams LLP

Idaho Formally Adopts an Independent Tort for Third Party Spoliation

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Idaho is the latest of several states that now recognize an independent tort against third parties that willfully compromise evidence in an attempt to interfere with a potential civil lawsuit. Courts have long provided...more

King & Spalding

UK Court Of Appeal Issues Landmark Decision In Privacy Case

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On March 27, 2015, a United Kingdom Court Of Appeal addressed two fundamental but long-unsettled issues in UK privacy law, holding that the right to privacy is an independent tort and that the showing of harm necessary to...more

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