Civil Remedies Bankruptcy Personal Injury

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Judge Protects GM Against Most, But Not All, Ignition Switch Claims

Judge Robert Gerber ruled last week that General Motors LLC (“New GM”), the entity formed in 2009 to acquire the assets of General Motors Corporation (“Old GM”), is shielded from a substantial portion of the lawsuits based on...more

Inadvertence May Be Unavailing, Says the Fifth Circuit on Judicial Estoppel

The Fifth Circuit became the second United States Court of Appeals to establish a three prong test for determining whether a bankrupt debtor should be judicially estopped from pursuing a cause of action that she failed to...more

Asbestos Alert: Paulus v Crane Co.

Second District Court of Appeal, Division Three, Action # B246505 (Filed Feb. 21, 2014, modified Mar. 24, 2014) 2014 WL 1157284 ____Cal.App.4th____ - Sufficiency of Expert Testimony to Prove Causation; Bankruptcy Trust...more

Illinois Supreme Court to Decide Interplay Between Dram Shop Act and Insurance Guaranty Fund Act

In the final days of the Illinois Supreme Court's recently concluded May term, the Court allowed petitions for leave to appeal in five new civil cases. Today, we begin our detailed previews of those cases, discussing the...more

Am I liable for an accident caused by my friend when he was driving my car with my permission?

If you are facing possibly liability for the actions of another person, such as a person driving your car or maybe living in your house, you will want to read this post! Contact: Attorney George E. Bourguignon,...more

Eleventh Circuit Holds Mental Anguish Claim Not Bodily Injury

In its recent decision in N.H. Ins. Co. v. Hill, 2013 U.S. App. LEXIS 7204 (11th Cir. Apr. 10, 2013), the United States Court of Appeals for the Eleventh Circuit, applying Florida law, had occasion to consider whether an...more

Question of the Day: What Happens to My Lawsuit in Bankruptcy?

Question: I have a personal injury lawsuit and I want to pursue it but I need to file a Chapter 7 bankruptcy....more

Toxic Tort and Environmental Law Update: January 2013 - New Ohio Asbestos Legislation Is A Step In The Right Direction…But There...

On December 20, 2012, Ohio Governor John Kasich signed into law House Bill 380, which is aimed at remedying inequities in asbestos litigation. HB 380 addresses the issue of bankruptcy trust claims and their impact on pending...more

When Is a Workers Comp Claim Not a Workers Comp Claim?

Our preview of the civil cases on the Illinois Supreme Court's November oral argument docket continues with Skokie Castings, Inc. v. Illinois Insurance Guaranty Fund. ...more

How did bankruptcy affect Alabama car defect lawsuit?

Many of us drive every day. If we upkeep our vehicles and follow traffic laws, we generally feel that we should be able to count on our safety. But there are elements that are out of our control, which is a scary thought....more

Construction Accident Leads to Important OSHRC Ruling

The Occupational Safety & Health Review Commission, which hears appeals of OSHA citations and penalties, has ruled that employers cannot escape liability for repeat safety violations by reorganizing. The case was an appeal of...more

Reversal of Decision In Bayou Group Bankruptcy Offers Little Guidance For The Institutional Investor Wishing To Redeem From A...

In a partial reversal of a decision from Bayou Group LLC's bankruptcy case, the U.S. District Court for the Southern District of New York reconsidered a controversial ruling that sent shivers down the spines of institutional...more

CR&B Alert: Commercial Restructuring & Bankrtupcy News - September 2010, Issue 3

IN THIS ISSUE: • Sellers Beware — Unauthorized Payments from ‘Cash Collateral’ Will be Avoided — page 2 • The Third Circuit Expands the Substantial-Performance Test to Determine if a Trademark License Contract is...more

Hiring an Investigator, what you need to know

No matter what type of law you practice, the chances are that you will need or have needed the services of an investigator. The questions you should ask are, "How do I find one?" "I really did not like the last person I...more

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