Business Torts › Civil Remedies › Personal Injury

Employer Liability: Respondeat Superior Doctrine

This week we discuss the doctrine of respondeat superior and its application to extend liability to an employer for the actions of its employee that fall “within the scope of employment.”...more

Indiana Court of Appeals Upholds $14.5 Million Defamation Verdict

This week we discuss the Indiana Court of Appeals decision State Farm Fire & Casualty Co. v. Radcliff that upheld one of the largest verdicts – $14.5 million – ever obtained in a defamation case in United States history....more

Presentation - Social Networking: An Ethical Issues Update.

The ethical issues surrounding the use of social media in the legal environment is constantly evolving, making it very important for attorneys to keep abreast of recent decisions, regulatory initiatives and legislative...more

Choosing the Right Asset Search Company

When looking to conduct an asset search, it is important to carefully choose a qualified asset search company to assist you. The internet has become second nature to the majority, making it simple for anyone to create a...more

NJ’s Bad Faith Legislation Stemming From Superstorm Sandy Needs Emergency Relief

In the wake of Superstorm Sandy, the New Jersey Legislature is considering the passage of A370, which will enable policyholders to sue insurers for bad faith based on a single alleged violation of the New Jersey Insurance...more

The Most Plaintiff-Friendly Jurisdiction in Virginia?

Among liability defense counsel and those in the liability insurance industry, the City of Richmond has a long standing, widely-held reputation as one of the most plaintiff-friendly jurisdiction in Virginia, with a higher...more

NJ Appeals Court Holds New Jersey Businesses May Be Liable for Off-Site Injuries

NJ Appeals Court Holds New Jersey Businesses May Be Liable for Off-Site Injuries by Donald M. Pepe on January 22, 2013 The Appellate Division recently held that New Jersey businesses could be held liable for injuries...more

Stopping Competitors From Denigrating Your Product

"Cats prefer Whisker Nibblets to Gato Gourmet 4:1." "Only Marie’s sandwich cookies are made with real chocolate and cream." "Seatur’s Slick works 40 percent faster than other leading motor oils." "Shampoo with Lixertonic and...more

Ninth Circuit Holds That Interpleader Does Not Shield Insurer From Independent Tort Liability

The Ninth Circuit recently joined its sister circuits to find that the federal interpleader remedy does not limit an insurer's independent tort liability for damages directly and proximately caused by its conduct. Lee v. West...more

NJ High Court Rules ‘Willful’ OSHA Violation Doesn’t Overcome Worker’s Compensation Preemption

A willful violation of federal safety standards does not, on its own, overcome the worker’s compensation bar against civil suits, the New Jersey Supreme Court ruled in its June 26, 2012 decision in Van Dunk v. Reckson Assocs....more

Liability Insurers Owe No Duty To Defend Insureds Alleged To Have Engaged In A Corrupt Scheme To Incarcerate Youth Offenders For...

In a pair of opinions filed on June 20 and 21, 2012, the Third Circuit Court of Appeals emphasized Pennsylvania’s “firmly established” public policy against providing insurance coverage for criminal and other intentional...more

Bad Faith Sentinel - June 2012

In This Issue: - Court of Appeals of Florida Grants Summary Judgment in Favor of Insurer on Bad Faith Failure To Settle Claim pages 1 - 2 - Illinois Court of Appeals Discusses Importance of Notice to the Insured...more

6 Reasons to Hire Personal Counsel

Many small to medium-sized business purchase commercial general liability insurance or some other type of business insurance to protect the business against claims or lawsuits. In exchange for premium payments by the...more

Eighth Circuit Addresses Personal Injury Offense of Malicious Prosecution

In its recent decision in Genesis Ins. Co. v. City of Council Bluffs, et al., 2012 U.S. App. LEXIS 9577 (8th Cir. May 11, 2012), the United States Court of Appeals for the Eighth Circuit, in a matter of first impression under...more

Ontario Court of Appeal Recognizes Tort of Invasion of Privacy

On January 18, 2012, the Ontario Court of Appeal recognized a common law tort of “intrusion upon seclusion” in Ontario law in its decision in Jones v. Tsige. This decision has potentially significant implications, not just...more

Should the insurers pay?

In the light of the PIP breast implants scandal a brief summary of how business liability insurance works in the UK with reference to product liability and product recalls...more

New York Court of Appeals’ Clarification of the Martin Act Opens Door for Common Law Claims in Securities Cases

The New York Court of Appeals recently held that the Martin Act — New York’s “Blue Sky” law — does not preclude private plaintiffs from pursuing common law claims such as fraud and negligent misrepresentation relating to...more

Victims of Work-from-Home Scam Receive Refunds via FTC

About 75,000 victims of a work-from-home scam have received refunds of the money they paid courtesy of the FTC. This scam offered an online work-from-home opportunity where the victims were sold access to job listings. The...more

Media Distorts Perceptions of Personal Injury

The media help perpetuate the public's perception and misconception regarding personal injury lawsuits. If fair and balanced reporting was followed, the public would learn the vast majority of personal injury lawsuits aren't...more

Carpenter & Zuckerman v. Cohen: Law Firm Prevailing on Anti-SLAPP Motion Not Entitled to Award of Attorney’s Fees Where Firm’s...

The California Court of Appeal (Second Appellate District, Division Five) recently ruled that the prevailing parties on an anti-SLAPP motion were not entitled to an award of attorney fees because the billing attorney had...more

Legal Update: Case Developments in New York that Affect MSPs

Minimum Hospital Standards and Appropriateness Review-Updated Credentialing and Privileging Standards • Prior to December 22, 2010, hospitals were obligated under New York law to “look back” ten (10) years in a physician’s...more

Good Night, Sleep Tight, But the Bedbugs Still Bite

CSK Quarterly Spring 2011...more

Peter J. Gregory Joins McConville Considine Cooman & Morin, P.C.

Peter J. Gregory has joined McConville, Considine, Cooman & Morin, P.C. as an associate attorney in the litigation group where he represents clients in a broad range of civil litigation matters including personal injury law,...more

Schmelling v Whitty et al

Court of Appeals Interprets Notice of Non-Party Fault Offset to Apply Even if Party at Fault Cannot Be Liable in Suit

The Court of Appeals here confirms my thinking that even if a party would not be liable in suit, e.g., as a governmental entity for immunity or for some other reason (in this case the exclusive remedy provision of the...more

EMPLOYERS BEWARE! Questioning an Employee Concerning Potential Misconduct May Lead to Claims of False Imprisonment

This is a summary of how a claim of false imprisonment can arise from the investigation of employee misconduct and some practical tips for every employer. ...more