Administrative Agency Civil Procedure Personal Injury

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If A Tree Falls In The City, Is It Serving A Public Purpose?

Today’s posting has nothing to do with corporate law and everything to do with trees. On November 30 and December 1, 2011, the City of Pasadena experienced an unusually violent windstorm. Wind speeds in excess of 100 miles...more

Clarification on the Statute of Limitations for Conditions of Confinement Cases

The Supreme Court of Virginia has recently addressed and clarified the application of Va. Code § 8.01-243.2, which provides: No person confined in a state or local correctional facility shall bring or have brought on...more

Seventh Circuit Holds Federal Agencies Can Be Sued for Public Nuisance, But Affirms Dismissal of Claim

On July 14, 2014, the Seventh Circuit decided Michigan et al. v. U.S. Army Corps of Engineers et al. (Wood, C.J., writing for a unanimous panel). While the court ultimately affirmed dismissal of the underlying action, the...more

NC Supreme Court Confirms Application of Sovereign Immunity for Local Governments

Wilson County was found to have immunity from negligence claims for a visitor’s injuries sustained while he exited the county administrative building according to the North Carolina Supreme Court in a June 12, 2014 opinion. ...more

Eastern District of Louisiana Rules that Factual Portions of Incident Report by Bureau of Safety and Environmental Enforcement...

In the new world of shared regulatory oversight between the United States Coast Guard (USCG) and BSEE on the Outer Continental Shelf (OCS), a mundane devil-in-the-details – but nonetheless vitally important question – had...more

Illinois Supreme Court to Hear Arguments in Five Civil Cases This Week

The civil portion of the Illinois Supreme Court’s argument docket for the January term begins tomorrow morning at 9:30 a.m. in the Court’s temporary courtroom on the 18th floor of the Michael A. Bilandic Building, 160 N....more

Virginia Supreme Court Opinions Affecting Local Government Law January 10, 2014

The Virginia Supreme Court issued new opinions this morning, some of which affect local government law. Here they are (summaries taken from the Virginia Supreme Court website, click on the Record Number to read opinion)...more

Sixth Circuit: Social Workers Entitled To Qualified Immunity Because Law Not Sufficiently Clear

As I learn more and more about the social work field as my (new) wife continues on her path to becoming a social worker, I realize that social workers often see life at its lowest points. Never was that more true than in this...more

Filing Indiana Med Mal Complaint via Third-Party Carrier Does Not Toll Statute of Limitations

In this installment we discuss the recent Indiana Court of Appeals decision Moryl v. Ransone, which addresses the impact on the statute of limitations of filing a medical malpractice claim with the Indiana Department of...more

Illinois Appellate Court Finds Schools Not Liable For Student Injury And Deaths In Two Separate Lawsuits

Last fall, the Illinois Appellate Court issued opinions on two different cases involving the tort immunity of school districts. In both cases, the court declined to find the schools liable....more

Opportunities for Summary Judgment in Municipal Liability Cases

In light of the decision in Combined Air Mechanical Services v. Flesch, counsel in municipal cases must re-assess their opportunities for summary judgment. In Combined Air, the Ontario Court of Appeal identified a new...more

Servicemembers Civil Relief Act: Giving Second Life To Cases Otherwise Barred By The Statute of Limitations

How an obscure section of the Servicemembers Civil Relief Act can save a case when the statute of limitations has run...more

Does The Tarion Appeal Process Prevent A Condominium From Commencing A Civil Action?

We are often asked by condominium corporations whether an appeal of Tarion’s final decision letter will prevent them from commencing a separate civil action with respect to the same deficiencies....more

San Diego’s Dangerous Roads Can Cause Serious Auto Accidents

When a serious collision occurs between motor vehicles, one or both of the drivers usually causes the collision. Although driver negligence constitutes the leading cause of accidents involving cars, trucks and SUVs, sometimes...more

Product Liability Law Medical Device Law Update: December 2012 - “A State of Profound Uncertainty”: The Crisis in Pennsylvania

Since the mid-1960s, Pennsylvania has adhered to the strict liability tenets of section 402A of the Restatement (Second) of Torts. Its version of strict liability had a number of unique features, including the determination...more

Weekly Law Resume - December 20, 2012: California Supreme Court Affirms Express Delivery Provisions of Government Claims Act

Hope DiCampli-Mintz v. County of Santa Clara, et al. - California Supreme Court (December 6, 2012) - Government Code section 915(a) establishes the manner of delivery of a claim against the government. It requires that...more

Supreme Court Reins In Court Of Appeal’s Attempt To Rewrite The Statutory Requirements For Presentation Of A Claim Against The...

A woman who allegedly suffered injury while being treated in a county-owned hospital delivered a notice of intent to sue to the risk management department of the hospital instead of the clerk, secretary, auditor or board of...more

Ohio's Intentional Tort Statute Means What It Says

On November 20, 2012, in a reversal significant for Ohio employers with workplace injuries, the Ohio Supreme Court held, in Hewitt v. L.E. Myers, that an employee's failure to use, or the employer's failure to require an...more

State Common Law Carbon Dioxide Liability Claims: Premonitions of Preemption (and Dismissal)

Left open by the Supreme Court’s decision in American Electric Power Co. v. Connecticut, 131 S. Ct. 2527 (2011), was the question of whether state law nuisance claims for the emission of carbon dioxide were viable in the...more

Two-Year Statute of Limitations for Wrongful Termination Claims Under Minnesota’s Drug and Alcohol Testing in the Workplace Act

In September of 2012, the Minnesota Court of Appeals held in Sipe v. STS Manufacturing., Inc. et al., No. A11-2082 (Minn. Ct. App. Sept. 25, 2012), that a wrongful termination claim under the Minnesota Drug and Alcohol...more

Public Recreational Facilities Can't Be Sued for Slip-and-Falls on Snow or Ice

In the first of six opinions issued in civil cases this morning, the Illinois Supreme Court held that publicly-owned recreational facilities have broad immunity from liability to users who fall on snow or ice....more

Pharmaceutical Law Update -- October 2012: New Jersey Court Grants Summary Judgment Based on Lack of Warning Causation

A New Jersey federal court granted summary judgment to Baxter Healthcare Corporation (Baxter) last month based on a familiar legal concept rarely applied in the Garden State – warning causation. In Baker et al. v. APP...more

Attorney-Related

UPDATED THROUGH September 4, 2012 Attorney’s Fees – Appellate. Does section 57.105, Florida Statutes, support an award of appellate attorney’s fees for the filing of an administrative appeal without citing material...more

Appellate Procedure & Jurisdiction

UPDATED THROUGH September 4, 2012 Harmless Error – Medical Malpractice. Question certified: To avoid a new trial in a civil case, does the beneficiary of the error in the trial court have to show on appeal that it is...more

Labor Letter - September 2012

In This Issue: - When “Let’s Keep It Quiet” Is An Unfair Labor Practice By Ray Haley (Louisville): On July 30, 2012, the National Labor Relations Board (NLRB) issued a bad decision for any employer that expects...more

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