Personal Injury Updates

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Eleventh Circuit Recognizes Important Exception to the Eight Corners Rule

Florida courts generally adhere to the Eight Corners Rule when determining whether an insurer has a duty to defend its insured. Under this rule, the duty to defend determination is made by looking only at the terms within...more

District of Colorado: Insurer Entitled To Summary Judgment on Bad Faith Claim Where Insured Repeatedly Failed To Provide Requested...

Keeney v. Auto-Owners Ins. Co., No. 13-CV-00796-RPM, 2014 WL 622509 (D. Colo. Feb. 18, 2014) - District Court in Colorado grants defendant Insurer’s Motion for Summary Judgment where Insured’s failure to provide...more

New Technology In The Works For Preventing Drunk Driving Accidents

Drunk driving is an ongoing issue in many states throughout the U.S. Due to the slowed reflexes, impaired judgment and other effects that alcohol intoxication can cause, there are a significant number of motor vehicle...more

Whiplash Risk Factors

Whiplash occurs when a person’s neck is whipped backward and forward very suddenly. While this injury most commonly occurs in a rear-end car collision, it can also result from physical abuse, sports injuries, or amusement...more

GM Recall — Bad Switches, Bad Relations, Bad Acts

Why is GM in so much trouble? Is it just about bad switches or improperly operating air bags; recalls of millions of vehicles? Isn’t about more than that? Isn’t it really about corporate attitude, corporate responsibility and...more

Third Circuit Seeks Guidance from Pennsylvania Supreme Court Regarding Whether Insured Tortfeasor May Assign Bad Faith Claim to...

Allstate Prop. & Cas. Ins. Co. v. Wolfe, No. 12-4450 (3d Cir. Feb. 20., 2014) - Third Circuit petitions Supreme Court of Pennsylvania to decide whether an insured tortfeasor can assign his or her statutory bad faith...more

Dallas Woman Awarded $1.2 Million, Mesh Called Defectively Designed

For the first time, a Texas jury has decided the pelvic mesh made by healthcare giant Johnson & Johnson was defectively designed. The jury awarded the 64-year-old Dallas woman $1.2 million following a two-and-a half week...more

Who is Liable When Patrons Slip and Fall in Water Parks?

Water parks provide refreshing entertainment for families enjoying the hot Florida sunshine. Although rides and other attractions that involve bodies of water have an inherent risk of drowning, these accidents are actually...more

Getting Compensation When Injured by an Uninsured Driver

In a tough economy, uninsured and underinsured drivers are more common than ever. While the risk of driving uninsured is well-publicized, the real risk lies with those who are injured by drivers who carry minimum coverage or...more

New Jersey District Court Cleans Up Complaint in Washing Machine Class Action Litigation

Washing machine class actions have been so active recently that some firms may be scrambling to form their own appliance-law practice groups. And who knows? That might not be a bad idea. Some of our greatest legal minds,...more

An Award of Future Medical Damages is Not Automatic

Barry P. Goldberg counsels his clients that an award of future medical damages is not automatic. In fact, future medical expenses must be carefully presented both at the claim stage and in litigation. Not only must the future...more

Is the Irreversible Truly Unforeseeable?: The Law of Suicide

According to the Centers for Disease Control and Prevention, the number of suicide deaths in 2010 was 38,364, making it the tenth leading cause of death in America. For younger demographics, the numbers are even more...more

Alabama Man Faces Murder Charge After Causing Fatal Accident

When an Alabama driver makes the decision to get behind the wheel under any impairment, a fatal accident may be a harsh possibility. Driving requires a person's vigilance, and being impaired severely reduces that. ...more

Third-Party Lawsuits For Worker Injuries In Illinois

Every year, many Illinois workers incur injuries that allow them to receive compensation under the Illinois Workers’ Compensation Act. An employee is able to acquire benefits under this legislation regardless of whether the...more

A SPAR Is Not A Vessel, But Is A SPAR A Building?

Are SPAR platforms immoveable buildings? On April 9, 2014, Judge Rebecca Doherty issued a memorandum ruling in Hefren v. Murphy Exploration & Production Co., USA, et al., that they are, meaning in Louisiana a five-year window...more

Eighth Circuit Affirms Disclaimer Based on Patient Bodily Injury Exclusion

In its recent decision in Volk v. Ace Am. Ins. Co., 2014 U.S. App. LEXIS 6570 (8th Cir. Apr. 10, 2014), the United States Court of Appeals for the Eighth Circuit, applying Minnesota law, had occasion to consider the...more

SLAPP’d in Los Angeles: A Guide to California’s Anti-SLAPP Law

This post is the first in a series on California’s anti-SLAPP law from the perspective of Los Angeles appellate and trial attorney, Jeffrey Lewis. What is a SLAPP? ...more

Conflict In Fla. Regarding Premises Liability Law

On Feb. 26, 2014, Florida’s Fourth District Court of Appeal (West Palm Beach) certified a conflict with the Third District Court of Appeal (Miami) regarding whether Florida Statute § 768.0755, which governs premises liability...more

Florida Supreme Court Strikes Down Wrongful Death Non-Economic Damages Cap for Med Mal Cases

On March 13, 2014, the Florida Supreme Court, in a 5-2 ruling, issued its long-awaited opinion following review of the Eleventh Circuit Court of Appeal’s decision in Estate of McCall v. United States, 642 F.3d 944 (11th Cir....more

Employer Liability for Car Accidents

You just got in a car accident and the driver of the other automobile (who was at fault) was driving a company car or in his own vehicle but on the clock at work. Who's liable for your damages: the other driver and/or his...more

Sellers Cannot Look to the Appraiser When Lenders Pull the Plug on a Prospective House Flip

An outgrowth of Arizona’s housing downturn in recent years has been the proliferation of would-be real estate investors who purchase, renovate and flip residential properties. On the other hand, in part to prevent the next...more

Is it Possible to Extend the Statute of Limitations for Florida Personal Injury Cases?

The term statute of limitations refers to the time within which lawsuits can be filed for any civil or criminal matter. When it comes to Florida civil law, the number of years plaintiffs have to file a case can vary greatly....more

Potential Institutional Liability to the Accused in Sexual Assault Cases

Recent articles and postings not only highlight the continuing focus on sexual assault cases on college campuses by the victims of those assaults, but also on the threat of litigation by those accused of the assaults. In the...more

Newest Published Literature Latest to Slam Stryker Rejuvenate Failures

Recently published literature in the Journal of Bone and Joint Surgery draws the conclusion that the short-term, high rate of corrosion-related revision with Rejuvenate modular neck implants is “striking.”...more

Public Entity Liability for Dangerous Conditions on Public Property

Woodland Hills personal injury attorney, Barry P. Goldberg, is cautious about suing public entities because liability is statutory and can be difficult establish. However, in the right case, with the right experts, an...more

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