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Negligence › Summary Judgment › Cause of Action Accrual

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

Tyson & Mendes LLP

Barking Up the Wrong Policy

Tyson & Mendes LLP on

This case is an eye-opener for every policyholder as it explains the importance of treating an insurance policy as a specialized contract. Insurance contracts have special features, but they are still contracts to which the...more

King & Spalding

Wyoming Supreme Court Rejects “Negligent Lending” and “Negligent Advising” as Causes of Action

King & Spalding on

On January 19, 2023, the Wyoming Supreme Court declined to recognize causes of action for negligent lending or negligent advising and declined to impose a duty on lenders to render sound advice to borrowers. The case stems...more

White and Williams LLP

New York’s Court of Appeals Clarifies the Burden of Proof in Summary Judgment Cases

White and Williams LLP on

In Rodriguez v. City of New York, 2018 N.Y. LEXIS 793, 2018 NY Slip Op. 02287 (Apr. 3, 2018), New York’s Court of Appeals, New York’s highest court, addressed the question of whether a plaintiff, in moving for summary...more

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

Hazardous Substances/Bodily Injury Claim: New York Court Addresses Potential Liability of Engineering Inspection Subcontractor

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

The Supreme Court (Appellate Division) New York addressed in a March 7th decision whether a lower court properly granted summary judgment to a subcontractor performing engineering inspection services on a highway construction...more

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

Hydraulic Fracturing Services: New York Appellate Court Addresses Request to Dismiss Common-Law Indemnification Claim

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The Supreme Court of the State of New York (Appellate Division)(“Court”) in a December 22, 2017, Memorandum and Order (“Order”) addressed whether a lower court erred in failing to dismiss a third-party claimant’s...more

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