News & Analysis as of

Negligence Summary Judgment

Marshall Dennehey

NY Appellate Division Reverses Trial Court, Grants Summary Judgment to Middle Vehicle in Rear-End Collision

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Portorreal v. Mann, et al., 237 A.D.3d 1120 (2d Dept 2025) - The owner and operator of the middle vehicle in a three-vehicle accident moved for summary judgment. The moving defendant argued that it was stopped 5 to 10 feet...more

Haight Brown & Bonesteel LLP

California Court of Appeal Clarifies Right of a Party to Oppose Summary Judgment Motions - Even Without Cross-Claims

The Court of Appeal, Fourth Appellate District, Division Two (Riverside) in RND Contractors, Inc. v. Superior Court (2025) issued a significant published decision. The California Court of Appeal addressed a previously...more

Offit Kurman

Three Things to Know About Notices to Admit in New York

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In New York litigation, a well-timed notice to admit can sharpen the issues, trim trial time, and lock in key facts. But it’s a tool that must be used strategically. When used correctly, it can streamline document...more

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

Mold/Common Law Action: Maryland Appellate Court Addresses Negligence/Nuisance Claims

The Appellate Court of Maryland (“App. Ct.”) addressed in a June 27th Opinion issues arising out of alleged mold exposure. See Candace McCarthy v. Board of Commissioners for Frederick County, Maryland, 2025 WL 1778818....more

Cozen O'Connor

Claims Notes: July 2025

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Jones owned an eight-acre property with a half-acre pond in front of his house. Hatcher, a broker, offered to secure cheaper insurance, asking Jones to sign a single-page application without questions. Hatcher inspected and...more

Marshall Dennehey

From ‘Brownish’ to Baseless: Florida Court Reinforces Slip-and-Fall Standards

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Key Points:  Recent case clarifies Florida premises liability law and the burden on plaintiffs under Section 768.0755, Florida Statutes....more

Marshall Dennehey

All Bark and All Bite

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Key Points: In New York, if the owner of an animal knew or should have known the animal had vicious propensities, a plaintiff may seek to hold the owner strictly liable....more

Carlton Fields

Sixth Circuit Finds No E&O Coverage for GL Carrier Under E&O Policy for Underlying Motel Claim

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In Columbia Casualty Co. v. State Auto Mutual Insurance Co., the Sixth Circuit Court of Appeals concluded, under Ohio law, that a demand letter to a general liability insurance carrier’s insured containing allegations of bad...more

Tyson & Mendes LLP

Arizona Business Owners Owe a Duty of Reasonable Safety to Invitees, Unreasonably Dangerous Condition or Not

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The Arizona Supreme Court in a recent opinion held store owners owe a duty to business invitees regardless of whether there was a dangerous condition. In determining whether a duty was owed to a plaintiff business invitee,...more

Wiley Rein LLP

Supreme Court Blocks Mexico’s Gun Lawsuit: PLCAA Shields U.S. Firearm Makers from Litigation

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On June 5, 2025, the U.S. Supreme Court held unanimously, in Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos, that the gun-manufacturer and gun-distributor defendants sued by Mexico for negligence and related torts...more

Loeb & Loeb LLP

Walters v. OpenAI, L.L.C.

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Georgia state court grants summary judgment dismissing defamation claim targeting ChatGPT output accusing radio host of embezzlement, in light of disclaimers notifying users that ChatGPT sometimes generates inaccurate...more

Marshall Dennehey

Florida Court Holds Uber is Not Vicariously Liable for Driver’s Negligence in Fatal Accident

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Campo v. Uber Technologies, Inc., 2025 WL 15388 (Fla. 3d DCA 2025) - Florida’s Third District Court of Appeals affirmed summary judgment for Uber Technologies, Inc. and affiliated defendants (collectively Uber), holding Uber...more

Marshall Dennehey

Appellate Court Upholds Assumption of Risk Defense in Parade Fatality Case

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Luke v. Short Creek Joint Fire District, 2025 WL 289593, No. 24-JE-0005 (Ohio Ct. App. Jan. 23, 2025) - This matter establishes a strong assumption of risk defense based upon the actions of passengers within moving vehicles....more

Marshall Dennehey

Federal Court Dismisses Negligence Claim Against USPS Due to Late Filing and Lack of Evidence

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Allen v. United States, 2025 WL 35468, No. 24-99-KSM (E.D. Pa. Jan. 3, 2025) - A federal court dismissed a negligence claim against the United States Postal Service (USPS) after the plaintiff failed to timely oppose the...more

Goldberg Segalla

Appellate Court Affirms Summary Judgment Ruling in Favor of Appellees

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Court: Appellate Court of Maryland - A Maryland appellate court has affirmed a lower court’s decision that granted summary judgment to the defense in a toxic substance exposure case....more

Cozen O'Connor

Claims Notes: May 2025

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Tort Reform Law Guts Joint & Several Liability in Favor of Proportionate Liability, Not Deepest Pocket - South Carolina enacted a bipartisan tort reform that overhauls joint and several liability to place fault on the...more

Husch Blackwell LLP

Kansas Supreme Court Strikes Down Liability Claims in Recent Gun Case

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The Kansas Supreme Court recently delivered another strong endorsement of the Protection of Lawful Commerce in Arms Act (PLCAA), further solidifying its role as a shield for lawful commerce in the firearms industry. In...more

Robinson+Cole Construction Law Zone

The Importance of Indemnification Clauses in Managing Post-Completion Project Risk

Claims against design professionals often pose unique challenges when such claims are dually rooted in both tort and contract theories, and therefore subject to competing time limitations. In order to reconcile these...more

TNG Consulting

Expert Witnesses Admitted in Title IX Jury Trials (Updated)

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Fifteen years ago, I received what seemed like an odd request: would I be willing to serve as an expert witness in federal Title IX litigation? My perception had always been that most Title IX litigation focused on questions...more

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

McGlinchey Stafford

Federal Court Finds Causation Lacking on Negligence Claim Under FCRA, But Leaves Door Open on Claim of Willful Violation

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A federal Judge for the United States District Court for the District of Arizona recently granted in part and denied in part a consumer reporting agency’s motion for summary judgment, with respect to claims raised by the...more

Ballard Spahr LLP

Governor Brian Kemp Signs Tort Reform Legislation, Excludes Human Trafficking From Its Provisions

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Georgia Governor Brian Kemp has been a proponent of tort reform legislation for years, stating that the “current litigation climate has led to increased costs for consumers and a higher barrier to entry for those who want to...more

Hanson Bridgett

Taking Responsibility: Who’s At Fault? Lorenzo Court Says Everyone

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A recent court ruling raises questions and concerns over the scope of liability owners and contractors may face when a subcontractor's employee is involved in an off-site accident during the course of construction. ...more

Marshall Dennehey

Defense Victory: Summary Judgment Granted for Corporate Nursing Home Defendants in Medical Negligence Case

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Leslie M. Jenny and Gabriella M. Wittbrod, both of our Cleveland, OH office, were granted summary judgment on behalf of their corporate nursing home clients in this medical negligence case. Judge Phillip S. Naumoff of the...more

Kohrman Jackson & Krantz LLP

Ohio Ruling Highlights Timing Importance for Naming Defendants in Injury Claims

An recent Ohio appellate court decision reinforces a critical point for plaintiffs and a crucial defense strategy for defendants: if you don’t properly and timely name individual employees/agents in a lawsuit, you may lose...more

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