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Womble Client Wins Stormwater Case in Charlottesville

Another victory in Central Virginia for Womble Carlyle. Last week, Albemarle County Circuit Court Judge Cheryl Higgins ruled in favor of the Shops at Stonefield (also known as Albemarle Place), finding the stormwater...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

How Much Are Your Trees Worth?

In Texas, more than your dog. Gilbert Wheeler, Inc. v. Enbridge Pipelines (East Texas), L.P. is good news for landowners. The Texas Supreme recognized the intrinsic-value-of-trees exception to the general rule for damages to...more

Insurance and Reinsurance Update: Re-reading the Riot Act (again): Police liable for consequential losses under the Riot (Damages)...

As if a lecture at the Police Federation Conference from the Home Secretary wasn't enough, the police have also this week received the Court of Appeal's reading of the riot act. In a decision that opens the door for insurers...more

Texas High Court Set to Hear Appeal on Viability of Post-Cleanup Stigma Damages in Environmental Contamination Claim

In an issue of first impression in Texas, the state’s highest court will hear arguments in December 2013 in a case involving a party’s claim to recover stigma damages following the cleanup of environmental contamination to...more

Under Construction - September 2013: Summary of Nevada Law on the Economic Loss Doctrine in the Context of Commercial Construction...

The Nevada Supreme Court has addressed the economic loss doctrine in the context of commercial construction disputes in a number of cases over the past several years. Nevada’s general rule, as detailed below, is that the...more

Under Construction - September 2013: California’s Economic Loss Doctrine – Limits on Tort Recovery

In California, the economic loss rule addresses the distinction between suits in contract and tort. A contract claim can typically be pursued to recover all damages proximately caused by breach of contract, unless expressly...more

Supreme Court of Florida Holds That Economic Loss Doctrine Applies Only to Product Liability Cases

In a recent decision likely to significantly expand the use of tort law in areas previously restricted to contract law, the Supreme Court of Florida limited application of the economic loss doctrine to product liability...more

BP Settlement Claim

After years of litigation, BP Exploration & Production, Inc. and BP America Production Company (collectively, "BP") entered a class-wide settlement ("BP Settlement") that covers most businesses located in the Gulf Coast...more

Church Members Prohibited From Soliciting Donations In Front Of Grocery Store

Church members can be permanently barred from soliciting donations outside a stand-alone grocery store, under a recent court of appeal ruling (Ralphs Grocery Company v. Missionary Church of the Disciples of Christ (---...more

Commercial Betterment: Why client money shouldn´t grow on trees.

Conventional Damages analyses are further complicated in cases of commercial loss where the compensation of the loss may result in a net gain to the Plaintiff. The law in Ontario as laid out by the Court of Appeal in James...more

Sex, Drugs & Violence: Negligent Security Litigation 2010

Published summary of November 2010 "Sex, Drugs & Violence" seminar with John Elliott Leighton as the keynote speaker, moderated by Peter Ariz, Esq., held in Miami, Florida. This was the 2nd annual Sex, Drugs & Violence...more

Amberger-Warren v City of Piedmont

City of Piedmont's Respondent's Brief

Plaintiff was injured while on a paved walkway inside a publicly owned dog park and sued the City of Piedmont, California. Plaintiff claimed the walkway's design made it unreasonably dangerous and that a lack of maintenance...more

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