Personal Injury Updates

Read Personal Injury Law updates, news, and legal commentary from leading lawyers and law firms:
News & Analysis as of

San Francisco Cannot Sue Federal Agency For Gas Explosion Under APA

Yesterday, the Ninth Circuit issued its Opinion in City & County of San Francisco v. US Department of Transportation, holding the City may not proceed against the Secretary of Transportation and the Pipeline and Hazardous...more

Supreme Court to Review Tribal Jurisdiction Case that Could Impact Doing Business in Indian Country

In its next term, the United States Supreme Court will hear its first case addressing the limits of tribal jurisdiction in seven years, having granted a petition for a writ of certiorari to Dolgencorp and its parent company,...more

Bike Accidents: What to Do If You Have Been Injured

In the San Fernando Valley, more and more residents are “going green” and using their bikes to cruise around town. Whether riding to a new spot on Ventura Blvd for dinner or meeting friends for brunch on Calabasas Road,...more

Have You Been the Victim of Negligent Security?

Negligent security provided by property owners is all too common and can cause significant injuries to innocent and unsuspecting people. In Florida, property owners and occupiers must exercise reasonable care to maintain...more

Tenth Circuit Finds Price-Anderson Act Does Not Preempt Nuisance Claims

This decision departs from all other federal circuits that have addressed the issue and, if adopted by other courts, represents a significant expansion of potential liability for operators in the nuclear energy industry....more

Pennsylvania Supreme Court Holds That Insured May Settle Tort Claim Without Insurer Consent Under “Fair and Reasonable” Standard

In Babcock & Wilcox Co. v. American Nuclear Insurers, a divided Supreme Court of Pennsylvania, deciding an issue of first impression under Pennsylvania law, recently held that when an insurer defends its insured subject to a...more

Duke of Brunswick rule strikes out for Internet lawsuits

If you publish something on the Internet, would it be fair if someone could sue you for it many years later? Of course not. Because of statutes of limitation, a claimant has only a limited time period after any...more

Defective seat belt air bag on airplane causes death of worker

Working in and around airplanes can be a dangerous occupation. Some of the most common hazards include head injuries, crushing injuries, serious musculoskeletal damage and exposure to infectious diseases. In a recent case, an...more

Missouri Court of Appeals – Western District Upholds Missouri Statute Requiring Plaintiff to Submit a Health Care Affidavit of...

Austin v. Schiro, Slip Opinion, WD78085 (Mo.App. W.D. May 26, 2015) - The Missouri Court of Appeals, Western District, affirmed a trial court decision dismissing a plaintiff’s medical negligence action, without...more

Can I Recover for My Injuries If I Was Partially At Fault for the Accident?

Since the mid-1970s, California has adhered to the rules of “comparative negligence” when determining who is at fault for auto accidents and multi-car accidents in Woodland Hills when more than one party may be to blame....more

Jeep Hack Drives Cyber, Crisis, Liability and Supply Chain Coverage Issues

A recall notice to fix critical control software on 1.4 million vehicles should raise concerns for companies, brokers and insurers across several business lines. The vulnerability of vital control systems to a remote hacking...more

Vehicle Passenger May Be Liable for Influencing or Encouraging Driver’s Conduct That Results in Harm to a Third Party

Miriam Navarrete, et al. v. Hayley Meyer - California Court of Appeal, Fourth Appellate District (June 22, 2015) - The California Fourth Appellate District reversed the trial court’s summary judgement in favor of...more

Duty to Cooperate Ruling Narrows Insurers’ Ability to Foreclose Coverage for Settled Class Action Claims

Insurance policies typically include a cooperation clause, which requires the insured to cooperate with the insurer in the defense of a covered claim. Insurers routinely use this clause as a sword against their insureds by...more

7th Circuit – Alleged Injuries Can Confer Standing In Data Breach Suit

In any case involving a data breach of customer or employee information, the first line of defense for the defendant is to assert that the plaintiff(s) lack standing to bring suit. In Remijas v. Neiman Marcus Group, the...more

Medical Liability Reform – Iowa’s Communication and Optimal Resolution (Candor) Bill Effective July 1, 2015

On July 1, 2015, the Iowa legislature rolled out what is being heralded as its most significant medical liability reform of the past decade: enabling confidential “open discussions” between health care providers and patients...more

Inside the Implied Conflict Preemption Box

Federal preemption in the drug and medical device world is a game of categories. Express preemption versus implied. Conflict preemption versus field preemption. Drugs versus devices, generic versus branded, premarket...more

Is the Employer of the Person Who Caused My Car Accident Liable?

Were you recently injured in an auto accident in Woodland Hills? Sometimes, the parties who may be ‘at fault’ are not always apparent at first glance. This means that you may be able to file a claim against more than one...more

Appellate Court Restricts Vicarious Liability Of Hospitals

In a decision issued this week, the Connecticut Appellate Court rejected an argument that a hospital has a nondelegable duty to provide emergency care and thus is vicariously liable for the professional negligence of an...more

Georgia Supreme Court Brings Clarity to Non-Party Fault Under The Apportionment Statute

The Georgia law regarding apportionment of liability in tort cases became more clear this month with the Georgia Supreme Court’s decision in Zaldivar v. Prickett, et al. Before the Court was the question of whether a...more

9th Circuit Holds No Coverage for DVT Under Employee Death Benefit Policy

In Williams v. National Union Fire Insurance Company of Pittsburgh, PA, 2015 U.S. App. LEXIS 11642 (9th Cir. July 7, 2015), the Ninth Circuit Court of Appeals, applying California law, had the opportunity to consider whether...more

Construction-Related Auto Accidents

As any driver in Southern California can attest, our roads and highways are always “under repair”. While these construction zones not only slow down traffic, adding to your already slow drive home from work, they can also be...more

Spoliation: How to Stop Trouble from Brewing

When a business is faced with the potential for litigation, it is imperative that all evidence be preserved to avoid the dreaded “s” word: spoliation. Starbucks Corporation recently learned this lesson the hard way when a...more

If You Can't Say Anything Nice: Criticizing Contractors Can Be Costly

Construction projects can turn acrimonious — and bad feelings often survive dispute resolution. But think twice before voicing thoughts or opinions about a fellow project participant. A false statement about another’s...more

No Duty for Device Manufacturer to Provide Separate Warnings to Hospital, According to Washington Court of Appeals

We admit it. We (and “we,” in this instance, should be read in the singular) are fans of certain social media, particularly the one that involves “posting” on a “wall” then sitting back and basking in the “likes.” We tend...more

Deposing the Doctor: Why Do It and How Much Will It Cost?

In cases in which there are medical issues, you’ll need to decide whether to depose the treating physician. Here are some considerations to keep in mind as you make this call....more

7,662 Results
|
View per page
Page: of 307

Follow Personal Injury Updates on:

"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*

*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.
×