General Business Personal Injury

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.
News & Analysis as of

Oklahoma District Court Denies Motion To Stay Action During Defendant’s Insurer’s California Conservation Proceedings

This case involved a personal injury negligence action brought by plaintiffs Cameron David and Shelby Gladd against defendants Satnam Singh and his employer Landmark Logistics, Inc. (“Landmark”) in Oklahoma federal court....more

Specificity and Detail in Liability Waivers Are Critical

Two years ago, in Concerns About Tort Claim Waivers I wrote about how important it was to be specific in your liability waivers to ensure you have as much protection as possible. A recent decision by the Massachusetts...more

Gym members shocked as Fitness First installs CCTV cameras in changing rooms

DUBAI // The operator of a gymnasium chain has installed security cameras in changing areas, sparking anger from members and warnings that it could be breaking the law. Customers of Fitness First Middle East’s gym...more

Three Point Shot - November 2016

Who's First in Ownership of the "Sweet Spot" Remains Unclear - Baseball is often called a "game of inches," whether one is describing the strike zone, a close play at the plate, or a liner past third base that just kicks...more

Torts – Assumption of the Risk – Waiver of Liability

Kirk Anderson v. Fitness International, LLC - Court of Appeal, Second District (October 27, 2016) - The general rule in California is that all persons are responsible “for an injury occasioned to another by his or...more

Southern District Refuses to Remand Unremovable Case

On September 21, 2016, a District judge in the Southern District of Florida denied a plaintiff’s motion to remand a case removed from state court, despite finding a valid basis for remand. In Goldstein v. GFS Market Realty,...more

Using Pop Culture References in Advertisements? Just Do It Right

In this age of smartphone cameras and hashtags, an impromptu remark or a right place-at-the-right-time snapshot can “go viral” and create instant and immense goodwill. Businesses today use social media as a tool to promote...more

Are Waivers of Liability Enforceable in New York?

We have probably all seen them in the “fine print” at one time or another: waivers of liability, injury waivers, or pre-injury clauses we have to sign before taking part in some type of activity. Waivers of liability have...more

Non-delegable duties of architects and main contractors in construction claims - A case study of MCST Plan No. 3322 v Tiong Aik...

In MCST Plan No. 3322 v Tiong Aik Construction Pte Ltd and Another [2016] SGCA 40, the Singapore Court of Appeal (CA) held that architects and main contractors are not subject to a non-delegable duty in tort to ensure that...more

The Totality of Circumstances Test Used to Determine Foreseeability of Criminal Act

Unfortunately, criminal activity occurs at many retail and hospitality establishments. When a patron is attacked and suffers injury, the patron often looks to the establishment for compensation. The determination of whether...more

M.D. Pa. Finds No Specific Personal Jurisdiction over Parent Company

Not all personal jurisdiction cases coming out of Pennsylvania are bad. To be sure, an ED Pa judge’s recent embrace of the consent theory to get around Bauman was bad news – almost as bad as Philadelphia 76ers soon-to-be...more

Litigation Funding Contract Invalidated as Champertous in Pennsylvania

This post does not involve a drug/device case – or even a tort case - but counsel worried about potentially abusive litigation funding should take a look at WFIC, LLC v. Labarre, ___ A.3d ___, 2016 WL 4769436 (Pa. Super....more

Colorado Supreme Court Limits Jurisdiction Over Manufacturers

The Colorado Supreme Court has joined a number of other federal and state courts in limiting the extent to which product manufacturers can be subjected to a state’s general personal jurisdiction, even when the manufacturer's...more

Hotel California Stays Open: Another Look At Specific Jurisdiction in BMS

Recently, we offered a detailed breaking news post about how the California Supreme Court had messed up its jurisdictional analysis in Bristol-Myers Squibb Co. v. Superior Court, — P.3d — (Ca. 2016), even worse than the...more

Mississippi Court Rejects Expansive Reading of Oral Construction Contracts

In McKean, et. al. v. Yates Engineering, 2015 Miss. App. LEXIS 446 (2015), the Court of Appeals of Mississippi affirmed the Circuit Court’s dismissal of four (4) plaintiffs’ personal injury claims stemming from the collapse...more

Third Circuit Dismissal Affirmance Based on Economic Loss Doctrine Shows Spokeo Shouldn’t Be Your Only Data Breach Class Action...

While the United States Supreme Court’s ruling in Spokeo v. Robins, 136 S. Ct. 1540 (2016), has garnered much attention after being cited by numerous courts as a means to dismiss data privacy class actions, defendants should...more

Look, up in the sky! It’s a bird, it’s a plane, it’s… uh oh… a Super Lien!

Liability insurers have always gnashed teeth over the dreaded “super lien” – aka a lien asserted by Medicare for treatment expenses where the patient is reimbursed through a settlement obtained in personal injury litigation....more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19248 - Western Dermatology Consultants, P.C. v. VitalWorks, Inc. - This decision partially upheld an Appellate Court decision I previously summarized for you where a...more

Commercial landlords: Time to tune up your indemnity provisions

The California Court of Appeal recently issued an opinion which reminds us to take another look at the “boilerplate” indemnity provisions in commercial leases. In Morlin Asset Management LP v. Murachanian (B259800), a...more

Half-Baked: Phillips Exeter, Sexual Assault, And A Recipe For Disaster

Considered one of the country’s most elite prep schools, Phillips Exeter Academy has recently joined the queue of prestigious private schools who have been accused of having ignored, suppressed, or minimized claims of sexual...more

Assignment v. Subrogation — Prosecuting Recovery Actions Arising from Personal Injury Claims

It is common in most jurisdictions that personal injury claims cannot be assigned. This can occasionally present a concern when an insurance carrier attempts to bring a contribution action against a third-party tortfeasor...more

Pokémon Go Faces More Criticism

Pokémon Go is a location-based augmented reality game in which players use their mobile device to catch Pokémon in the players’ real-world surroundings by utilizing the camera, GPS, and gyroscope features of the mobile...more

11th Circuit Holds Insurer Not Entitled to Summary Judgment in Bad Faith Claim

In its recent decision in Hinson v. Titan Ins. Co., 2016 U.S. App. LEXIS 14474 (11th Cir. Aug. 8, 2016), the United States Court of Appeals for the Eleventh Circuit, had occasion to consider how diligent an insurer must act...more

When a Policy Limits Offer is Not Enough: A Cautionary Tale of a Failure to Settle Case

In a recent unpublished decision, the California Court of Appeals upheld a $3 million judgment against an auto liability insurer that rejected proposed language in a settlement agreement, notwithstanding the insurer’s policy...more

Future of U.K. Data Protection Regs Unclear

As new British Prime Minister Theresa May assembles her new Cabinet, including a new Secretary of State for Exiting the European Union following the June 23, 2016 Brexit referendum outcome, the U.K.'s march forward to leave...more

934 Results
|
View per page
Page: of 38

Follow General Business Updates on:

JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×