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Negligence Reversal Appeals

ArentFox Schiff

SJC Expands Contractual Exception to the Massachusetts Statute of Repose

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On April 16, the Massachusetts Supreme Judicial Court (SJC), in Trustees of Boston University vs. Clough, Harbour & Associates LLP, held that contractual indemnification claims, arising from negligence, were not precluded by...more

Foley & Lardner LLP

Seventh Circuit Finds the Duty to Warn Can Extend to Packaging Manufactured by Another Company

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Can a company be found liable for failure to warn about hazards of another company’s product used in packaging for its own product?  What about when the company wasn’t warned that packaging could contain anything potentially...more

Bradley Arant Boult Cummings LLP

Willful or Wanton Conduct Not Enough to Overcome Economic Loss Rule Says Colorado Court

n Mid-Century Insurance Co., v. HIVE Construction, Inc., a Colorado court of appeals recently reversed the decision of a lower court that had refused to apply the economic loss rule to a negligence claim alleging wanton or...more

White and Williams LLP

Pump the Brakes: Indiana Rules MCS-90 Endorsement Does Not Apply to Intrastate Trips

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In Progressive Southeastern Ins. Co. v. B&T Bulk, LLC, No. 21S-CT-496, 2022 Ind. LEXIS 131, the Supreme Court of Indiana (Supreme Court) reversed a decision of the Court of Appeals of Indiana (Court of Appeals), ruling that...more

Nelson Mullins Riley & Scarborough LLP

SC Supreme Court Clarifies Statutory Cap on Punitive Damages

The South Carolina Supreme Court recently decided Garrison v. Target Corporation in which it interpreted South Carolina’s statutory cap on punitive damages....more

Snell & Wilmer

Equine Activity Liability Releases: The Arizona Court of Appeals Finds “Release” of Trail Ride Operator Doesn’t Block Negligence...

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For the first time in nearly twenty years, the Arizona Court of Appeals last week weighed in on Arizona’s equine activity liability statute, finding that a form signed by participants before a trail ride did not qualify as a...more

Cozen O'Connor

A Jury Must Find An Insurer Acted Unreasonably In Order To Find Bad Faith Failure to Settle

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On March 8, 2021 the California Court of Appeal, reversing a $10 million verdict against Farmers, found that a jury must specifically find unreasonable acts by an insurer to support a “failure to settle” bad faith...more

White and Williams LLP

The Pennsylvania Superior Court Suggests a New Limitation to the Fair Share Act, Albeit in Dicta

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On March 18, 2021, the Pennsylvania Superior Court decided Spencer v. Johnson, 2021 Pa. Super. 48 (Pa. Super. Ct. March 18, 2021) in which the court suggested in dicta that the Fair Share Act is only implicated when the...more

White and Williams LLP

California Appellate Court Rules Amazon Can Be Strictly Liable for Defective Product

The California Court of Appeals recently ruled that Amazon.com, Inc. (Amazon) can be held strictly liable for injuries caused by a defective product sold by a third-party vender on its website. Bolger v. Amazon, D075738, 2020...more

White and Williams LLP

Establishing Proximate Cause Where Both Roads Lead to the Defendant

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In Westfield Ins. Group v. Pure Renovations, LLC, 2019-Ohio-4773, 2019 Ohio App. LEXIS 4829, the Court of Appeals of Ohio considered whether the lower court properly granted the defendant’s summary judgment motion. In its...more

Butler Snow LLP

Great Scott! The Sixth Circuit Revives Hoverboard Lawsuit

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The classic 1989 film Back to the Future II famously predicted that humans would be zipping around on hoverboards in the year 2015. The film wasn’t too far off. Hoverboards debuted in the 2000s and gained immense popularity...more

Dorsey & Whitney LLP

The Supreme Court - April 29, 2019

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The Supreme Court of the United States issued the following decision this morning: Thacker v. TVA, No. 17-1201: The Tennessee Valley Authority (“TVA”) is a federally-created and Government-owned corporation that...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Thacker v. Tennessee Valley Authority

On April 29, 2019, the Supreme Court of the United States decided Thacker v. Tennessee Valley Authority, No. 17-1201, holding that the “sue-and-be-sued” clause that waives the Tennessee Valley Authority’s (TVA) sovereign...more

Farella Braun + Martel LLP

Damages for Permit Revocation Constitute Covered “Loss of Use”

Insurers often claim “economic damages” are not covered under a standard commercial general liability (CGL) policy. The Fourth District Court of Appeal’s decision in Thee Sombrero, Inc. v. Scottsdale Ins. Co., 28 Cal. App....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court Holds Employees Cannot Sue Their Employers’ Payroll Companies for Wage Claims

On February 7, 2019, the Supreme Court of California issued its decision in Goonewardene v. ADP, LLC, holding that employees may not sue their employers’ payroll companies for wage claims in connection with their employment....more

Bradley Arant Boult Cummings LLP

Sox Are ‘Slippery When Wet’: Contractor May be Liable for Injury Caused by Work Installed According to Customer Specifications

An Illinois appellate court recently addressed the scope of negligence liability for a slip and fall injury on a newly installed roof at the Chicago White Sox Stadium. In 2013, a maintenance employee slipped on the roof at...more

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

Mold Damages/Professional Engineer: Louisiana Appellate Court Addresses Application of Prescription to Negligence Claim

The Court of Appeal of Louisiana (“Appellate Court”) addressed in a March 14th opinion issues associated with two individuals’ negligence claim against a Professional Engineer and his employer. See Lauren Pizzolato and John...more

Troutman Pepper Locke

The Washington Court of Appeals Clarifies When the Statute of Limitations for a Negligence Claim Begins to Run Under the Discovery...

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Dep’t of Transp. v. Seattle Tunnel Partners, 2019 BL 36988, 2 (Wash. App. Div. 2 Feb. 05, 2019) - On January 8, 2019, the Court of Appeals for the State of Washington reversed and remanded in part a trial court’s grant of...more

Patton Sullivan Brodehl LLP

Loss of Use can be “Property Damage” under Insurance Policies

General liability insurance policies normally cover “property damage.” Physical injury to, or outright destruction of, property almost always fits within policy coverage. But what about situations when the property is not...more

Snell & Wilmer

Pennsylvania Supreme Court Rules that Employers Have an Affirmative Duty to Protect Workers’ Personal Data from Cybercriminals:...

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In a landmark decision with far-reaching implication, the Pennsylvania Supreme Court recently held that employers have an affirmative duty to protect their employees’ personal information from criminal hacking. In particular,...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

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Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Harris Beach Murtha PLLC

A Question of Liability for Emergency Responders and Municipalities

As another State legislative cycle begins in 2018, there is a municipal liability issue that deserves attention regarding the liability protections extended under New York law to emergency vehicle operators. When a vehicular...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: SC19516 - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America Corp. ...more

Cozen O'Connor

Sometimes It’s Hard to Waive Subrogation: Pacific Indemnity v. Deming

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According to the recent decision of the U.S. Court of Appeals for the First Circuit in Pacific Indemnity Company v. Deming, 2016 WL 3607028, 2016 U.S. App. LEXIS 12374 (July 5, 2016) common contractual provisions that...more

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