Civil Procedure, Personal Injury

LIBOR Going Forward: How Will Dismissal of Antitrust Claims Effect Investigations and Private Claims?

by Bill Devinney | Foley & Lardner LLP on 5/21/2013

We recently wrote about the dismissal of the plaintiffs’ antitrust claims against banks involved in the LIBOR manipulation scandal for failure to allege an antitrust injury. Since that dismissal, the court has granted...more

There is No Coverage for Fighting in Alaska, Seriously

by Smita Mokshagundam | Sedgwick LLP on 5/20/2013

Late last month, the Supreme Court of Alaska affirmed the lower court’s decision in favor of an insurance company that denied coverage to insured, Kent Bearden, for liability in a civil suit filed by the victim of his...more

International Litigation Update: Developments Concerning the Alien Tort Statute and Personal Jurisdiction

by King & Spalding on 5/17/2013

In the span of less than a week, the U.S. Supreme Court issued its decision in Kiobel v. Royal Dutch Petroleum Co., a decision concerning the reach of the Alien Tort Statute, and granted certiorari in Bauman v....more

Discoverability of Documents in Insurance Bad Faith Claims

by Pavlack Law, LLC on 5/17/2013

This week we take a look at the ability to discover documents from an insurance company's claim's file in an insurance bad faith claim through the recent Southern District of Indiana decision in Woodruff v. American Family...more

Jarndyce v. Jarndyce Has Nothing On Comer v. Murphy Oil: The Fifth Circuit Court of Appeals Affirms Dismissal

by Seth Jaffe | Foley Hoag LLP - Environmental Law on 5/17/2013

Readers of this blog will recall the bizarre history of Comer v. Murphy Oil. In 2005, Plaintiffs brought tort claims against major GHG emitters, claiming that those emissions, by causing global warming, led to plaintiffs’...more

Mirena IUD Lawsuit Judge Considers Request for Liaison Counsel

by Audet & Partners, LLP on 5/16/2013

Plaintiffs suing Bayer Corporation, the manufacturer of the Mirena IUD, are now seeking to appoint attorneys to represent the group as liaison and lead counsel. In a letter dated April 30, 2013 to Judge Cathy Seibel of the...more

Fifth Circuit Knocks Out Climate Change Liability Lawsuit Again

by J. Wylie Donald | McCarter & English: Climate Change &... on 5/16/2013

Res judicata is one of those phrases learned in law school that seemed of limited utility. How often is someone going to bring the same claim twice?...more

Q&A With Carlton Fields' Wendy Lumish

by Wendy Lumish | Carlton Fields on 5/14/2013

Q: What is the most challenging case you have worked on and what made it challenging? A: Frankly, many of my cases are extremely challenging because I am generally defending a large corporation against a horribly injured...more

Weekly Law Resume - May 9, 2013: A Single Statutory Settlement Offer Made to Multiple Plaintiffs in a Wrongful Death Suit is Valid

by Thomas LoSavio | Low, Ball & Lynch on 5/14/2013

Amy Jo McDaniel, et al. v. Loyd Richard Asuncion Court of Appeal, Fifth District (March 27, 2013) California has a statutory settlement procedure (Code of Civil Procedure § 998) by which a party may make a written...more

The U.S. Supreme Court Rejects Extraterritorial Lawsuit Against Shell Oil

by Tyler Weidlich | Baker, Donelson, Bearman, Caldwell &... on 5/13/2013

The United States Supreme Court, in Kiobel v. Royal Dutch Petroleum, recently restricted the scope of the Alien Tort Statute, 28 U.S.C. § 1350 (“ATS”), a 224-year-old law often used to invoke jurisdiction in suing...more

Court Dismissed Customer's Libel Claim Based On Credit Report

by David Johnson | Winstead PC on 5/13/2013

In Meisel v. U.S. Bank, Meisel was a customer of U.S. Bank who found an original signed payroll check dated several years earlier from his former employer. No. 05-11-01336-CV, 2013 Tex. App. LEXIS 1740 (Tex. App.—Dallas...more

In New York, One Priest’s Multiple Acts of Sexual Abuse on a Minor Constitutes Multiple Occurrences

by Diana Karnes, Gregory Lahr | Sedgwick LLP on 5/9/2013

Yesterday, New York State’s highest court, for the “first time,” ruled on the meaning of “occurrence” in the context of multiple incidents of sexual abuse of a minor by a priest that spanned several years and policy periods. ...more

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

by Pavlack Law, LLC on 5/9/2013

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

White Paper: The Other Shoe Drops – Corenbaum Answers Questions Raised by Howell

by Thomas LoSavio | Low, Ball & Lynch on 5/8/2013

In Howell v Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 the California Supreme Court decided that a plaintiff’s recovery for past medical expenses is limited to the amount paid for the medical expenses after any...more

Weekly Law Resume - May 2, 2013: Torts – Public Entity – Qualified Immunity for Police Officers

by Kevin Allen | Low, Ball & Lynch on 5/8/2013

A.D., et al. v. California Highway Patrol, et al. - United States Court of Appeals, Ninth Circuit (April 3, 2013) - The concept of qualified immunity involves shielding a police officer from a lawsuit where the...more

What Are My Rights if I Was in a Hit-and-Run Bicycle Accident?

by Demas Law Group on 5/8/2013

Hit-and-run accidents are becoming epidemic in our society. Some attribute this surge to lax enforcement of criminal laws; others say that the number of unlicensed and uninsured drivers plays a role. Most likely, the reasons...more

Ontario Court Dismisses “Speculative” Challenge to a Prospective Wind Turbine Project

by Jack Coop, Jennifer Fairfax, Daniel Kirby, Lindsay Rauccio, Patrick Welsh | Osler, Hoskin & Harcourt LLP on 5/7/2013

In Wiggins v. WPD Canada Corporation, the Ontario Superior Court of Justice dismissed the plaintiffs’ claims for injunctive relief and $16.6 million in damages against a prospective (not yet approved) wind turbine project,...more

First Circuit Vacates Denial Of Class Certification In Opinion Concerning Pfizer’s Off-Label Marketing Of Neurontin

by Jennifer M. McPheeters | Carlton Fields on 5/7/2013

In Harden Manufacturing Co. v. Pfizer, Inc., 712 F.3d 60 (1st Cir. 2013), one of three cases addressing Pfizer’s off-label marketing of the anticonvulsant drug, Neurontin, the First Circuit vacated the district court’s denial...more

Car Accidents with Police Officers Are Special

by Gelman Gelman Wiskow & McCarthy LLC on 5/7/2013

This past September it was reported that a Trenton man was injured when his car was struck by an unmarked police car while he was waiting to make a right-hand turn from Chestnut Avenue onto South Broad Street. Investigation...more

Court of Appeal Applies Howell Rule to Future Medical Expenses and Noneconomic Damages

by Samuel Sorich | Barger & Wolen on 5/6/2013

In Howell v. Hamilton Meats & Provisions, Inc., the California Supreme Court ruled that where a plaintiff’s medical care provider, pursuant to a prior agreement with the plaintiff’s health care provider, accepted less than...more

NFL Concussion Lawsuits in Philadelphia

by The Rothenberg Law Firm LLP on 5/2/2013

Earlier this month, a federal court in Philadelphia heard arguments about concussions in the National Football League (NFL). More than 4,100 plaintiffs, who are part of 222 consolidated lawsuits, are at the beginning of the...more

Effective Use of Experts

by Tyler Kaczmarczyk, Peter Kryworuk | Lerners LLP on 5/2/2013

The importance of expert opinion evidence in medical negligence litigation is well recognized. In Bafaro v. Dowd , Carpenter-Gunn J. states: Due to the specialized knowledge of the medical profession, expert evidence...more

Corporate Sponsors Should Not Be Liable For Injuries Sustained By Event Participants

by Sara Perry | Heenan Blaikie LLP on 5/1/2013

Recently, in Boudreau v. Bank of Montreal, the Ontario Court of Appeal upheld a motion dismissing a lawsuit against Bank of Montreal (BMO), Rogers Communications Inc. (Rogers), and Umbro Inc. (Umbro)....more

Bounty Hunters’ Questionable Reliance On A 19th Century Supreme Court Decision, Taylor v. Taintor

by Mitchell | Gilleon Law Firm on 5/1/2013

On March 4, 1873, Ulysses S. Grant, who had led the Union Army in the Civil War, was sworn in for his second term as President. Amazingly enough, today's bounty hunters cling to an appellate decision that was handed down a...more

Ninth Circuit Raises the Stakes in California Anti-SLAPP Motions

by Robert A. Bleicher | Carr, McClellan, Ingersoll, Thompson & Horn -... on 4/30/2013

On April 17, 2013, the Ninth Circuit issued an important anti-SLAPP decision in Makaeff v. Trump University, LLC, No. 11-55016 that raises the bar for parties seeking to defeat a California anti-SLAPP motion in District...more

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Civil Procedure › Personal Injury