News & Analysis as of

Negligence › Common Law Torts

Pierce Atwood LLP

Opioids and Common Law Liability for Indirect Economic Harm

Pierce Atwood LLP on

Earlier this month, the Law Court weighed in on a hot-button legal issue—the potential liability of opioid manufacturers for the costs of the drug epidemic. In Eastern Maine Medical Center v. Walgreen Company, the Law Court...more

Amundsen Davis LLC

Preemption of Negligent Hiring Claims Against a Freight Broker Upheld by 7th Circuit

Amundsen Davis LLC on

In an important decision for freight brokers, the Seventh Circuit Court of Appeals recently issued a ruling in Ye v. GlobalTranz Enterprises, Inc., No. 22-1805 (7th Cir. July 18, 2023), which held that a plaintiff’s claim for...more

Cozen O'Connor

Texas Supreme Court Axes Policyholder’s Attempt to Expand Insurer Tort Liability

Cozen O'Connor on

In Elephant Insurance Co., LLC v. Kenyon, the Supreme Court of Texas reiterated the framework of an insurer’s common-law duties to insureds under Texas law. In applying that framework to the facts of the case, the Court...more

Holland & Knight LLP

Lack of Statutory Private Right of Action is No Bar to Privacy Suit

Holland & Knight LLP on

HIPAA and several other privacy laws do not include a private right of action. This is cold comfort for healthcare providers, health plans and other members of the healthcare industry if a patient is able to demonstrate that...more

Pillsbury Winthrop Shaw Pittman LLP

Recent Cases on Clean Air Act Preemption of Common Law Torts Upend Conventional Wisdom

Pillsbury Winthrop Shaw Pittman LLP on

Two recent appellate-level decisions allowing state common law tort claims against an intrastate emitting source to avoid Clean Air Act (CAA) preemption have surprised many CAA litigators. The outcome in both Bell v....more

Cozen O'Connor

U.S. District Court Holds that Federal Clean Air Act Preempts Pennsylvania State Law Common Law Tort Claims

Cozen O'Connor on

On October 12, 2012, the U.S. District Court for the Western District of Pennsylvania issued an opinion and order in Kristie Bell v. Cheswick Generating Station, GenOn Power Midwest, L.P., No. 2:12-cv-929, holding that state...more

6 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide