Civil Remedies Personal Injury

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Hurdles to Bringing a Defamation Suit for an Online Review

Courts and the legislature alike have made it difficult for doctors and business owners of all kinds to succeed on a defamation claim for an online review, often treating these lawsuits as attempts to silence freedom of...more

Appellate Court Affirms Anti-SLAPP Dismissal of Defamation Lawsuit by Political Candidate

On October 30, in Goral v. Kulys, the Illinois First District Appellate Court affirmed dismissal of a defamation suit pursuant to the Illinois Citizen Participation Act, 735 ILCS 110/1 et seq. (the “Act”). The Goral decision...more

Fee award against non-party attorney is thrown out by appellate court

In Suarez v. City of Corona, 2014 DJDAR 12101, the California Court of Appeal for the Fourth Appellate District decided an interesting case concerning the interpretation of California Code of Civil Procedure Section 1038....more

The State and Local GMO Regulatory Landscape – Post-Election Edition

The November election changed the regulatory landscape for genetically modified organisms (“GMO”). Though none of the proposed GMO labeling laws on state ballots succeeded, two counties were successful in passing either a ban...more

Missouri’s General Rule Of One Corporation Not Being Liable For Another’s Conduct Is Reaffirmed

In Blanks v. Fluor Corp., ____ S.W.3d ____ (Mo. App. E.D. 2014) WL 4589815, September 16, 2014), the Missouri Court of Appeals reversed a jury verdict against Fluor Corporation, because it was improperly based on the conduct...more

Teacher And School Civil Liability For Sexual Abuse Of A Student

B. (A.) v. D. (C.), [2011] B.C.J. No. 1087, 2011 BCSC 775, per Gray J. [3851] The plaintiff AB sued a teacher CD and the Board of School Trustees of District EF with respect to alleged sexual abuse she claimed to have...more

7th Circuit Rejects Attempt to Reopen Final Judgment Under Rule 54(b)

Last month, we wrote about the Seventh Circuit’s willingness to reopen a 23-year old judgment under Rule 60 of the Federal Rules of Civil Procedure. But in Selective Insurance Co. v. City of Paris, the court reminded parties...more

Plaintiff’s Vacation to Hawaii was a Nightmare, or not?

What happens when your dream vacation turns into a nightmare? That’s easy; it’s America, so obviously you sue everyone who may be responsible. Sometimes, if you’re lucky, the opposing side may not comply with e-discovery...more

Total Loss Valuations: Class Certified By Louisiana Federal Court

Insurers or their vendors generally use software to perform valuations of vehicles for total losses on auto insurance claims. This software will typically use databases of recent sales or prices offered for comparable...more

Minnesota Federal Court Clarifies Pleading Standard in Vapor Contamination Case

In an opinion that may help clarify the jurisdictional and pleading requirements for plaintiffs seeking damages and injunctive relief for alleged injuries from vapor intrusion, the federal district court in Minnesota denied a...more

South Carolina Federal Court Allows RCRA Claim for Medical Monitoring

Finding that the medical monitoring relief requested by Plaintiffs would be primarily injunctive in nature, a federal district court in South Carolina denied Defendants’ motion to dismiss and allowed Plaintiffs’ request for...more

More “Texas Justice” For Policyholder On Contractual Liability Exclusion

On October 29, the Fifth Circuit reversed itself for the second time this year in a case involving the interpretation of a contractual liability exclusion in a CGL policy. This recent decision by the Fifth Circuit in...more

Texas High Court Finds Expert Opinion on Stigma Damages Too Speculative

Clarifying when expert testimony on alleged diminution in property value becomes legally sufficient to support a so-called “stigma” claim, the Texas Supreme Court struck down a $350,000 jury verdict based on environmental...more

Ghomeshi Claim Faces Significant Challenges

The controversial firing of former CBC radio host and personality Jian Ghomeshi has captured the public’s attention in recent days for many reasons, most of which have nothing to do with the law. In terms of the legal issues...more

Fifth Circuit Maritime Case Will Set National Standard

In McBride v. Estis Well Service LLC, a divided Fifth Circuit sitting en banc held that punitive damages are not recoverable by an injured seaman or his heirs under the Jones Act or general maritime law of...more

Fewer Medical Malpractice Lawsuits Means Victims Go Uncompensated

Notable Declines in Medical Negligence Litigation - Medical malpractice laws exist so that victims of negligence can seek financial compensation for their injuries. When a healthcare professional behaves negligently,...more

Drawing the long bow of causation in personal injury claims – pre-existing conditions, medical complications and foreseeability

The consequences of an accident resulting in personal injuries can have far-reaching impact and can continue for many years after the tort has occurred. While an injured person may sustain immediately identifiable personal...more

“Uncollectibility” Is an Affirmative Defense to Legal Malpractice Claims in Washington

The Washington Supreme Court addressed two issues of first impression regarding legal malpractice claims in Schmidt v. Coogan, No. 88460-9, (October 9, 2014) and held: (1) that “uncollectibility” is an affirmative defense to...more

"Trust" It or Lose it: Future Collateral Benefits in Motor Vehicle Accident Jury Trials

A staple of every well written Statement of Defence includes the plea for entitlement to the benefits of all insurances provided pursuant to section 267 of the Insurance Act. Where a Plaintiff receives payments for collateral...more

Violation of OSHA Standards Now More Costly in Wisconsin

Last week, the Wisconsin Supreme Court resolved its first case of the year. It affirmed, by an equally divided court, the published opinion of the court of appeals in Sohn v. LIRC, 350 Wis. 2d 469. The Wisconsin Court of...more

Fund management expenses in catastrophic personal injuries cases – awards on top of awards?

The costs of managing awards of damages for catastrophic personal injury claims comprise one of the most significant heads of damage that a plaintiff is awarded. These costs often make up around 20% of the total award. ...more

Maritime Bulletin: Fifth Circuit Rules on McBride

The Fifth Circuit issued its en banc decision in Estis v. McBride Well Service, LLC, No. 12-30714 (5th Cir. September 25, 2014) and ruled that a Jones Act seaman’s recovery is limited to pecuniary losses where liability is...more

Washington Supreme Court Ratifies Employer Immunity for Asbestos Exposure

The Washington Supreme Court recently affirmed summary judgment in favor of an employer defending an asbestos lawsuit brought by a former employee. In Walston v. Boeing Co., No. 88511-7 (September 18, 2014), the Supreme...more

To Hell With “Oh, Hell, Why Not” – The Fifth Circuit en banc Reverses Estis v. McBride Well Service, L.L.C.

In a much anticipated ruling, the Fifth Circuit en banc has reversed the original panel ruling in Estis v. McBride Well Service, L.L.C., 731 F.3d 505 (5th Cir. 2013), which sent shockwaves through the maritime bar and...more

Youth Soccer and Traumatic Brain Injuries: Are Changes on the Way?

Soccer Parents File Class-Action Lawsuit against FIFA - The link between traumatic brain injuries and contact sports like football and hockey are now well known across the country, particularly for young athletes who...more

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