In Kirkman v. Blitt and Gaines, P.C., the plaintiff sued the defendant in the Northern District of Illinois alleging violations of the Federal Debt Collection Practices Act (FDCPA) for sending her a letter by regular mail...more
Grounds for Suing an Ex-Spouse or Ex-Partner - Can you Sue Your Ex for Emotional Distress? In North Carolina, you may be able to sue your ex-spouse for intentional infliction of emotional distress or negligent infliction...more
A relationship with a narcissist involves a toxic cycle of emotional abuse and destruction. It is not uncommon for a victim to be entirely unaware of the negative toll a narcissist takes on their mental health and...more
Applying California law, a federal district court has held that a policy’s retroactive date exclusion bars coverage even if the harm caused by the wrongful acts materializes after the retroactive date. Bararsani v. HDI...more
A federal district court in Montana has confirmed that HIPAA precludes a private right of action for patients to claim an unauthorized access, use, or disclosure of protected health information. ...more
Recently, the Louisiana Court of Appeal, First Circuit, in Thompson v. Cenac Towing Co., L.L.C., analyzed a trial court’s grant of summary judgment in a company’s favor after a noose-like rope was found hanging in a maritime...more
On April 29, 2021, the Supreme Court of Virginia reversed the dismissal of claims for negligent hiring or retention, vicarious liability, and negligent infliction of emotional distress where a complaint alleged that a retired...more
On February 21, 2020, the cruise ship Grand Princess embarked from San Francisco, headed to Hawaii. Among the ship’s 3,533 passengers and crew were 62 people who had been exposed to COVID-19 on the ship’s immediate prior trip...more
This 16th edition of Unprecedented, our weekly update on COVID-19-related litigation, discusses claims ranging from insurance coverage disputes to prisoners’ rights. The top story this week, however, is undoubtedly a Michigan...more
In a reported three judge panel decision issued on June 12, 2020, the Superior Court appears to have made it easier for parties to avoid a contractual agreement on the basis of duress. The case, Lewis v. Lewis is reported as...more
The recent rejection of an attempt to dismiss emotional distress claims offers a prescient reminder of the wide breadth of claims a toxic tort plaintiff may prosecute, and the array of damages that may be recoverable. ...more
The Superior Court of Connecticut (Judicial District of Hartford) (“Court”) addressed in a September 30th opinion certain issues arising in an asbestos exposure case. See Julian Poce, et al., v. O&G Industries, Inc., et al.,...more
What happens when an insurer presents evidence at trial that supports the insured’s case? Answer: The evidence can be used to sustain the jury verdict for the insured-plaintiff. That is the lesson learned by Travelers in the...more
Tennessee employers have a new defense against employees bringing workplace environment-related lawsuits. An amendment expanding Tennessee’s Healthy Workplace Act to include private employers went into effect on April 23,...more
Last August, we blogged about a case of first impression in Connecticut where a federal court judge found that Connecticut’s Palliative Use of Marijuana Act (“PUMA”) creates a private cause of action for employment...more
Pennsylvania law on negligent infliction of emotional distress (NIED) claims in medical malpractice cases is in constant flux. Recently, the United States District Court for the Eastern District of Pennsylvania addressed one...more
Workers compensation has been described as a bargain in which an employee who has suffered a workplace injury relinquishes potentially large common-law tort damages in exchange for relatively quick and certain compensation...more
Supreme Court Advance Release Opinions: SC19589 - Velecela v. All Habitat Services, LLC - SC19589 Concurrence - Velecela v. All Habitat Services, LLC - Claim for negligent infliction of bystander emotion...more
In Surloff v. Regions Bank, et al., No. 4D14-842, 2015 WL 7275207 (Fla. 4th DCA Nov. 18, 2015), the Fourth District Court of Appeal of Florida was faced with the issue of whether Regions Bank (the “Bank”) had any duty or...more
Anonymous users of the almost 40 million users of the Ashley Madison website have filed suit against internet service providers (ISPs) GoDaddy and Amazon alleging that they have been damaged because the ISPs hosted the stolen...more
In Keys v. Alta Bates Summit Medical Center (filed 2/23/2015, certified for publication 3/25/2015, No. A140038) the California Court of Appeal, First District, affirmed a jury verdict for Plaintiffs on a cause of action for...more
The recent decision in Wilson v. Southern California Edison Co. provides greater clarity to the California rule permitting claims for negligent infliction of emotional distress by direct victims who do not suffer a physical...more
Anthem Inc. (“Anthem”), the nation's second-largest health insurer, disclosed on Wednesday, February 4, 2015, that it was the victim of a major cyber-attack. According to Anthem, the attack exposed personal information of...more
The recent decision in Wilson v. Southern California Edison Co., __Cal. App. 4th__, 2015 WL 522578, provides increased clarity into the California rule permitting claims for negligent infliction of emotional distress (NIED)...more
On January 27, 2015, the California Court of Appeal, Fourth Appellate District, in Eriksson v. Nunnink (Case No. E057158), held a release of liability between Decedent and Defendant was enforceable as a defense to the...more