News & Analysis as of

Negligence › Genuine Issue of Material Fact

Marshall Dennehey

Appellate Court Reverses Summary Judgment, Finds Triable Issues of Fact in Vehicle Collision Liability Dispute

Marshall Dennehey on

Tsering v. Fifth Ave. Foods, LLC, 236 A.D.3d 703 (N.Y. App. Div. 2025) - On appeal, the Supreme Court of New York, Appellate Division reversed a trial court’s order granting summary judgment on the issue of liability because...more

Goldberg Segalla

Summary Judgment Denied as Court Finds Issues of Material Fact in Shipbuilder’s Claim

Goldberg Segalla on

United States District Court for the Eastern District of Louisiana, September 23, 2022 - In April 2020, Paul Hotard (“decedent”) received a mesothelioma diagnosis despite never handling or working with asbestos-containing...more

Goldberg Segalla

Multiple Defendants Successful on Motions for Summary Judgment on Plaintiffs’ Intentional Tort and Fraud Claims

Goldberg Segalla on

U.S. District Court for the Eastern District of Louisiana, July 25, 2022 - As previously reported on the Asbestos Case Tracker, this matter stems from decedent Callan Cortez’s take-home exposure to asbestos, from his...more

Hinshaw & Culbertson - Lawyers for the...

Third Circuit Affirms Plaintiff Must Establish He Would Have Prevailed in Underlying Case But For Attorneys' Alleged Negligence

Hinshaw & Culbertson - Lawyers for the... on

Brief Summary - The United States Court of Appeals for the Third Circuit, applying Pennsylvania law, affirmed the summary judgment that the district court granted in defendants' favor on plaintiff's alleged legal...more

Hinshaw & Culbertson - Lawyers for the...

Eleventh Circuit Finds Attorneys Owed No Duty to be Clairvoyant on Unsettled Law

Hinshaw & Culbertson - Lawyers for the... on

On October 7, 2021, the United States Court of Appeals for the Eleventh Circuit affirmed summary judgment in favor of defendant law firm. The court held the attorneys owed no duty to advise the client to cease an activity...more

Polsinelli

Med-Staff Newsletter - January 2020 | VOL 4

Polsinelli on

With the New Year comes new medical staff leaders and a new set of growing pains. Contrary to what many of us believe, some simple steps can lessen the pain. ...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending May 22, 2015

Carlton Fields on

REAL PROPERTY UPDATE - Duty to Disclose/Vacant Property: plaintiff failed to present competent, substantial evidence of existence of fact materially affecting value of property and did not prove defendants had actual...more

Adler Pollock & Sheehan P.C.

Fast Five: Rhode Island Appellate Practice - August 2014

Adler Pollock & Sheehan P.C. on

Before you file or respond to a motion for summary judgment, consider the following guidance from three recent Rhode Island Supreme Court decisions. 1. TO SURVIVE SUMMARY JUDGMENT, A NON-MOVING PARTY MUST COME FORWARD...more

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