Labor & Employment Law, Personal Injury, Commercial Law & Contracts

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

Three Point Shot - April 2013

by Proskauer Rose LLP on 4/30/2013

The (Gold) Gloves Are Off - Cincinnati Reds second baseman Brandon Phillips has a lot to say. He's well-known for being outspoken, and he's a prolific tweeter on his @DatDudeBP account, which boasts over 650,000...more

The Illinois Supreme Court 2012: The Year in Review

by Kirk Jenkins | Sedgwick LLP on 4/22/2013

During 2012, the Illinois Supreme Court filed seventy-one written opinions, thirty-nine in civil cases. Although the total opinion output was down somewhat from recent years, this represents the Court's highest number of...more

Supreme Court Ruling Limits Extraterritorial Application Of Alien Tort Statute

by Joseph Mamounas, Rafael R. Ribeiro, Marty Steinberg | Bilzin Sumberg Baena Price & Axelrod LLP on 4/22/2013

U.S. companies with, or that were seeking to acquire, foreign operations often fretted over the possibility that plaintiffs in the foreign jurisdiction would seek to invoke the Alien Tort Statute ("ATS"), 28 U.S.C. § 1350,...more

U.S. Supreme Court Rules That Plan Terms Trump Equitable Defenses

by Russell Hirschhorn, Myron Rumeld | Proskauer - ERISA Practice Center on 4/17/2013

Today, the U.S. Supreme Court issued its ruling in U.S. Airways, Inc. v. McCutchen in which the Court unanimously ruled that a clearly drafted reimbursement clause will trump all equitable defenses....more

Construction E-Note - March 28, 2013

by Edward Brown, Nancy Carey, C. William Daniels, Jr., James McCarten, Anton Mertens, Bruce Rawls, Anna Scully, Peter C. Vilmos | Burr & Forman on 3/29/2013

In This Issue: - The Emperor’s New Economic Loss Rule - The Architect's Role in the Construction Project - USCIS Introduces New Form I-9 - Considering Construction Delivery Methods on Public Works - The...more

Plaintiffs' Attorneys, Rest Easy: Cease and Desist Letters Likely Aren't Defamatory

by Kenneth Vanko | Clingen Callow & McLean, LLC on 3/26/2013

Non-compete disputes often follow a similar pattern. And part of that pattern involves the dreaded "cease-and-desist" letter. These letters are precursors to litigation, and they can be either effective or damaging,...more

Bronchiolitis Obliterans Claims Expand to New Industries

by J. David Brittingham, Michael Gray | Dinsmore & Shohl LLP on 3/19/2013

Bronchiolitis obliterans, once viewed a problem unique to the microwave popcorn and flavoring industries, is quickly expanding to become a widespread phenomena in many workplaces. Researchers continue to expand the list of...more

California Court Addresses Priority of Coverage In Auto Context

by Traub Lieberman Straus & Shrewsberry LLP on 3/5/2013

In the recent case GuideOne Mutual Insurance Company v. Utica National Insurance Group (4th Appellate Dist. 2/28/13), the California Court of Appeal considered priority of coverage among primary and excess insurers following...more

5th Circuit Holds No Coverage for Trucking Accident

by Traub Lieberman Straus & Shrewsberry LLP on 2/26/2013

In its recent decision in Canal Indem. Co. v. Rapid Logistics, 2013 U.S. App. LEXIS 3772 (5th Cir. Feb. 22, 2013), the United States Court of Appeals for the Fifth Circuit, applying Texas law, had occasion to consider whether...more

When Your Vacation Goes Terribly Wrong

by Law Offices of Cohn & Smith, P.A. on 1/29/2013

You book a cruise and expect to experience the time of your life – a combination of luxury, adventure, fun and relaxation. But something goes terribly wrong. You suffer food poisoning, get assaulted on board the ship, or...more

Indemnity Agreement's Scope Included Contractual Liabilities To Third Parties

by David Johnson | Winstead PC on 1/15/2013

A court of appeals recently held that an indemnity agreement between an operator and a contractor placed the burden on the contractor to indemnify the operator for the operator's third-party indemnity obligations that arose...more

Supreme Court of Illinois Recognizes Intrusion Upon Seclusion Tort in Non-Compete Investigation

by Kenneth Vanko | Clingen Callow & McLean, LLC on 11/10/2012

Non-lawyers would be surprised at the type of feelings and emotions that run through competition cases. One only need to read Steve Jobs' biography to get a sense of how raw his feelings were on the upcoming smart phone...more

Self-Funded Plans Need to be Careful in Enforcing Subrogation Rights

by Leonard, Street and Deinard - Employee... on 9/26/2012

A recent Eighth Circuit Court of Appeals decision considered the situation of a participant covered under a self-funded ERISA plan who sustained injuries in a slip and fall accident. The plan paid health benefits for that...more

California Electronic Discovery Act: Part Two

by Peter Bauman - Senior Associate at Tharpe &... on 9/17/2012

Part Two in a multi-part series on the topic. In Part One of this series, we discussed California’s Electronic Discovery Act, which established procedures for parties to discover electronically stored information (“ESI”)...more

Game Over: Time Runs Out on Assistant Coach

by Sedgwick LLP on 9/6/2012

Usually, a negligent misrepresentation case from the Minnesota Supreme Court would fall a bit outside my usual purview for blogging. But as a lifelong Kentucky basketball fan, how could I resist commenting on Williams v....more

Court Of Appeal Declines To Create A New Cause Of Action For Tortious Nonrenewal Of An Employment Contract In Violation Of Public...

by Kronick, Moskovitz, Tiedemann & Girard on 8/28/2012

A former employee cannot state a claim for wrongful termination in violation of public policy where an employer decides not to exercise an option to renew an employment contract. (Touchstone Television Productions v. The...more

Weekly Law Resume - July 26, 2012: Independent Contractor or Agent? A Franchisor’s Actions Speak Louder Than Words

by Low, Ball & Lynch on 8/13/2012

Taylor Patterson v. Domino’s Pizza, LLC, et al. California Court of Appeal, Second Appellate District (June 27, 2012) This case raises the question: When an agreement between a Franchisor and Franchisee depicts an...more

Washington Appellate Court Limits Liability for Personal Injury Claims Brought by Contractor’s Employee Against Landowners

by Sedgwick LLP on 5/16/2012

The Washington State Court of Appeals affirmed a summary judgment dismissal of a lawsuit filed by a landowner’s contractor’s employee for personal injuries that the plaintiff allegedly sustained while working on a...more