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
In Donegal Mut. Ins. Co. v. Thangavel, No. 379, 2022, 2023 Del. LEXIS 227, the Supreme Court of Delaware (Supreme Court) considered whether the Sutton Rule prevented the plaintiff from pursuing subrogation against the...more
In a products liability lawsuit against the manufacturer and seller, a plaintiff asserted claims of strict products liability, breach of warranty, negligence, gross negligence, and consumer fraud. One defendant filed a...more
In Chavez v. 24 Hour Fitness USA, Inc., 2015 No. H040987, the California Court of Appeal, Sixth District, reversed summary judgment in favor of defendant 24 Hour Fitness USA, Inc. (“24 Hour”), holding defendant’s incomplete...more