News & Analysis as of

Gross Negligence Liability

Marshall Dennehey

Pennsylvania Supreme Court: Mental Health Facilities May Be Liable for Gross Negligence in Denying Voluntary Admission

Marshall Dennehey on

Matos v. Geisinger Med. Ctr., 334 A.3d 288 (Pa. 2025) - An individual with an extensive mental health history sought admission to two different mental health facilities for inpatient psychiatric care. However, both facilities...more

Stoel Rives LLP

Limitations of Liability in Construction Contracts: Ironclad Protection or Legal Illusion?

Stoel Rives LLP on

A contract’s limitation of liability or “LOL” clause is often the subject of considerable attention and negotiation between contracting parties and frequently arises during the contract drafting process in which owners,...more

Vondran Legal

VRBO owners, does your welcome book and terms include a DO NOT TORRENT warning?

Vondran Legal on

Strike 3 Holdings is an adult pornography company located in California that has literally filed over 10,000 federal court copyright infringement cases across the United States for nearly a decade now. No company files more...more

Mayer Brown

Limitations on Liability Exceptions – Interplay between Contract Terms and Legal Principles

Mayer Brown on

In contracts, parties typically seek to limit their liability to each other, both in terms of the types of damages or actions for which a party will have liability and the amount of damages that can be recovered, as well as,...more

Saul Ewing LLP

Pennsylvania House of Representatives Passes COVID-19 Liability Protections for Higher Education Institutions and K-12 Schools

Saul Ewing LLP on

In a second attempt to pass a COVID-19 liability shield, the Pennsylvania House of Representatives passed House Bill 605 on April 6, 2021. If signed into law, H.B. 605 would protect (among others) colleges, universities, and...more

Haynsworth Sinkler Boyd, P.A.

South Carolina Enacts COVID-19 Liability Safe Harbor Act

On Wednesday, April 28, 2021, Governor McMaster signed into law the COVID-19 Liability Safe Harbor Act. South Carolina became the 23rd state to pass similar legislation and many others are considering it. We have previously...more

Allen Matkins

Nevada Supreme Court: Inherent Fairness Standard Cannot Be Used To Rebut The Business Judgment Rule

Allen Matkins on

Nevada has codified the business judgment rule as follows: "directors and officers, in deciding upon matters of business, are presumed to act in good faith, on an informed basis and with a view to the interests of the...more

Husch Blackwell LLP

50-State Update On COVID-19 Business Liability Protections - UPDATED March 2021

Husch Blackwell LLP on

A number of states have passed or are considering passing legislation to shield certain businesses from liability from claims for injury caused by exposure to COVID-19. Generally, the laws require that the business was in...more

FordHarrison

Georgia Legislature Passes COVID-19 Liability Shield

FordHarrison on

On June 26, 2020, as the Georgia General Assembly was about to adjourn, it passed the Georgia COVID-19 Pandemic Business Safety Act. The Act protects businesses, healthcare providers, healthcare facilities, and other entities...more

Allen Matkins

We Now Know That "Knowing" Requires Knowledge

Allen Matkins on

Last month, I wrote about the Nevada Supreme Court's holding that a plaintiff must prove more than gross negligence to hold a director liable for breach of fiduciary duty.  Chur v. Eighth Jud. Dist. Ct., 136 Nev. Adv. Op. 7...more

Ballard Spahr LLP

Nevada Narrows Director and Officer Liability for Alleged Duty-of-Care Violations

Ballard Spahr LLP on

A Nevada Supreme Court ruling last week further narrows the scope of Nevada officer and director liability for violations of their duty of care....more

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