Do you know what kind of car insurance you or your plaintiff carries? Is it full tort or limited tort? Pennsylvania law permits a choice between two coverage options when selecting car insurance–limited tort and full tort....more
In Audish v. Macias (2024) 102 Cal.App.5th 740, the California Court of Appeal decided a key issue concerning the admissibility of a plaintiff’s future Medicare eligibility in calculating damages for future medical expense...more
Supreme Court of New York – New York County Eric Biljetina, et al. vs. Brenntag North America, Inc., et al. In this action, the plaintiffs allege the decedent had asbestos exposure through the use of Jean Nate talcum powder....more
For over three decades, federal preemption of state failure to warn claims has served as a powerful defense in strict liability tort cases. Courts have consistently dismissed lawsuits challenging the adequacy of warnings for...more
When performing governmental functions, municipal agencies are immune from tort liability for negligence unless it is shown that there was a “special relationship” between the plaintiff and the agency at the time the claim...more
In January of 2021, the Fourth District joined the Third District and ruled that a pre-injury release executed by a student-athlete and their parent is enforceable in a tort action arising from injuries resulting from...more
Intentional acts and negligent acts that cause injury, along with what is called “strict liability,” all belong to a category of law called “tort” law. Put simply, torts are wrongful acts that cause injury to another...more
On September 4, 2020, our Pennsylvania Superior Court issued a legal opinion which shows how much you give up when you choose Limited Tort for your car insurance policy. If you need a reminder of what Limited Tort means,...more
April 22, 2020 Publications Auto accident involving two cars on a city street A “tort option” applies to you when you are injured by a vehicle in Pennsylvania. ...more
Allstate Prop. & Cas. Ins. Co. v. Wolfe, No. 12-4450 (3d Cir. Feb. 20., 2014) - Third Circuit petitions Supreme Court of Pennsylvania to decide whether an insured tortfeasor can assign his or her statutory bad faith...more