Business Torts, Personal Injury

California To Draw The Lines In Disparagement Liability

by Tyler Gerking | Farella Braun + Martel LLP on 5/15/2013

The California Supreme Court has granted review of the Court of Appeal’s decision in Hartford Casualty Insurance Company v. Swift Distribution, Inc., 210 Cal. App. 4th 915 (2d Dist. Ct. App. Oct. 29, 2012), review granted 152...more

Increasing trend towards blanket notifications means companies should consider early notification of claims: Baker & McKenzie

by Leigh Duthie, Alex Hartmann | Baker & McKenzie Australia on 5/9/2013

There is an increasing trend in the UK towards accepting a blanket notification of claims, or circumstances that might give rise to a claim, as valid notification under an insurance policy. Australian companies should...more

Claims For Legal Malpractice Aren't Assignable In North Carolina

by Mack Sperling | Brooks Pierce on 5/9/2013

Maybe you've wondered whether a claim for legal malpractice can be assigned. Maybe you haven't. But yesterday, the North Carolina Court of Appeals answered that question. In Revolutionary Concepts, Inc. v. Clements Walker...more

Employer Liability: Respondeat Superior Doctrine

by Pavlack Law, LLC on 4/26/2013

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

Missouri Court of Appeals Joins Majority of Federal Courts in Holding the Prohibition Against Evidence of Subsequent Remedial...

by Williams Venker & Sanders on 4/25/2013

In a matter of first impression, the Missouri Court of Appeals for the Eastern District has held the exclusionary rule barring evidence of subsequent remedial measures does not apply when the remedial measure was implemented...more

The Illinois Supreme Court 2012: The Year in Review

by Kirk Jenkins | Sedgwick LLP on 4/22/2013

During 2012, the Illinois Supreme Court filed seventy-one written opinions, thirty-nine in civil cases. Although the total opinion output was down somewhat from recent years, this represents the Court's highest number of...more

Bank Account Searches: Are They Permissble?

by Edward Amaral on 4/18/2013

Lawyers and other professionals contact our office every day and ask whether it is permissible for an asset search company or private investigator to conduct bank, stock, bond or mutual fund account searches on a subject. The...more

Indiana Court of Appeals Upholds $14.5 Million Defamation Verdict

by Pavlack Law, LLC on 4/13/2013

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.

by Gregory Thiess on 4/12/2013

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

Asset Searches and the Collection of Debt

by Edward Amaral on 4/12/2013

It has become increasingly important for both businesses and individuals to receive payments that are due to them. Debtors are often delinquent in paying for goods, services or other financial obligations. When a debtor...more

Choosing the Right Asset Search Company

by Edward Amaral on 4/10/2013

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

In re Canopy Financial, Inc.: A Primer From the Seventh Circuit on Excusable Neglect

by Eric Pearson | Foley & Lardner LLP on 4/5/2013

What is “excusable neglect” under Fed. R. Civ. P. 60(b)(1)? The answer is that it depends, but generally it’s not much. That’s the first lesson from the Seventh Circuit’s recent decision in In re Canopy Financial, Inc., No....more

"Probability" of Having Contracted Communicable Disease at Work Held Sufficient to Assert an Occupational Disease Claim Even in...

by Williams Venker & Sanders on 4/3/2013

In a recent opinion, the Missouri Court of Appeals for the Western District held a workers' compensation claimant had sufficiently proven her husband sustained an occupational disease arising out of and in the course of his...more

The Skinny on Bank Account Searches and Why Choosing the Right Asset Search Firm is so Important

by Edward Amaral on 4/1/2013

Short Answer: As an attorney who has been conducting asset searches for other attorneys for over 20 years, I am repeatedly contacted or approached by lawyers and other professionals and asked whether it is permissible for a...more

Asset Search Due Diligence

by Edward Amaral on 3/29/2013

“CYA” or otherwise referred to as, cover your ass, is my recommendation to those of you who are employed in the personal injury, collections, divorce or corporate due diligence professions. For to satisfy ones due diligence...more

Why It Is Critical To Conduct Asset Searches Aside From Bank Account Searches

by Edward Amaral on 3/27/2013

On November 12, 1999, President Clinton signed the “Financial Services Modernization Act” into law, which made conducting bank account searches by asset search companies impermissible and a federal crime as you could no...more

Punitive Damages Exception Recognized to General Rule Precluding Direct Liability Against Employers who Admit Vicarious Liability...

by Williams Venker & Sanders on 3/26/2013

The Court of Appeals for the Western District of Missouri has answered in the affirmative a question left open by the Missouri Supreme Court almost two decades ago: whether a claim for punitive damages can in fact serve as an...more

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Business Torts › Personal Injury

California To Draw The Lines In Disparagement Liability

Increasing trend towards blanket notifications means companies should consider early notification of claims: Baker & McKenzie

Claims For Legal Malpractice Aren't Assignable In North Carolina

Employer Liability: Respondeat Superior Doctrine

Missouri Court of Appeals Joins Majority of Federal Courts in Holding the Prohibition Against Evidence of Subsequent Remedial...

The Illinois Supreme Court 2012: The Year in Review

Bank Account Searches: Are They Permissble?

Indiana Court of Appeals Upholds $14.5 Million Defamation Verdict

Presentation - Social Networking: An Ethical Issues Update.

Asset Searches and the Collection of Debt

Choosing the Right Asset Search Company

In re Canopy Financial, Inc.: A Primer From the Seventh Circuit on Excusable Neglect

"Probability" of Having Contracted Communicable Disease at Work Held Sufficient to Assert an Occupational Disease Claim Even in...

The Skinny on Bank Account Searches and Why Choosing the Right Asset Search Firm is so Important

Asset Search Due Diligence

Why It Is Critical To Conduct Asset Searches Aside From Bank Account Searches

Punitive Damages Exception Recognized to General Rule Precluding Direct Liability Against Employers who Admit Vicarious Liability...

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

How Interactive Timelines Build and Strengthen Opening Statements

Defrauding Facebook: How One Man Almost Stole The World’s Largest Social Network

Finding Bad Faith in Kentucky Requires Evidence of Outrageous Conduct By Insurer

Baseball Fan Held Not To Have Assumed the Risk of Getting Hit With A Hot Dog

When NJ Banks Are Liable For 3rd-Party Fiduciary Breach

The Most Plaintiff-Friendly Jurisdiction in Virginia?

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

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