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Negligence › Dismissals › Appellate Courts

Snell & Wilmer

Nevada Rejects Calder’s Jurisdictional Effects Test in Negligence Cases

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On June 18, 2025, the Nevada Supreme Court held in Whitley v. Greyhound Lines, Inc., 141 Nev. Adv. Op. 33 (2025), that Calder v. Jones’ “effects test” applies only in intentional tort cases. The opinion provides an analysis...more

Marshall Dennehey

Appellate Court Denies Late Notice of Claim in Mass Transit Injury Case for Lack of Extraordinary Circumstances

Marshall Dennehey on

Hutchins v. NJ Transit Corp. and the State of NJ, 2025 WL 18154 (App. Div. Jan. 2, 2025) - In an encouraging adherence to procedural rules, a New Jersey appellate court denied an application to file a late notice of claim...more

Epstein Becker & Green

New York Court of Appeals Holds That Child Victims Act Claims Brought Against the State of New York Must Meet Statutory...

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In a unanimous ruling, the New York Court of Appeals held that the New York State Legislature did not alter the substantive pleading requirements of Section 11(b) of the Court of Claims Act (the “Act”) for claims brought...more

Proskauer Rose LLP

Three Point Shot - November 2024

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Ninth Circuit Does Flip Turn, Reversing Antitrust Case Against World Aquatics - In a decision that is making waves through the world of competitive swimming, the Ninth Circuit reversed a California district court’s grant...more

White and Williams LLP

New Jersey Appellate Court Requires Affidavit of Merit in COVID-19 Litigation Against an Assisted Living Facility

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An affidavit of merit is required to prosecute a professional negligence claim against an assisted living facility in New Jersey. The recent appellate decision of Priolo v. Shorrock Garden Care Ctr., No. A-3032-20, 2022 N.J....more

Harris Beach Murtha PLLC

No Good Deed Should Be Punished: Harris Beach Wins Summary Judgment Under Volunteer Protection Act

Harris Beach Murtha PLLC on

In Jeraci v. Cooper et al., 2021 NY Slip Op 03025 (2d Dep’t May 12, 2021), the Appellate Division, Second Department of the New York State Supreme Court affirmed the dismissal of a negligence claim against a defendant who...more

Rivkin Radler LLP

Appellate Division Affirms Summary Judgment Dismissal Of Legal Malpractice Claim

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The Appellate Division, First Department recently affirmed a trial court’s decision granting summary judgment in favor of the defendant law firm, holding that the plaintiff could not prove the proximate cause element of its...more

Hinshaw & Culbertson - Lawyers for the...

Wisconsin Appellate Court Refines Actual Innocence Rule in Claims Against Criminal Defense Counsel

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A Wisconsin appellate court held that to pursue a legal malpractice claim against a criminal defense attorney, the former client only has to show actual innocence to some, not all, of the charges for which he or she was...more

Mitchell, Williams, Selig, Gates & Woodyard,...

When Minor Classroom Misbehavior Escalates to a Federal Court Lawsuit

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In a recent case, a seventh grade boy was written up by his teacher because she saw him selling candy in class. The student told an assistant principal that he had hidden the candy in the bottom of a garbage can, and a later...more

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