Read Personal Injury Law updates, news, and legal commentary from leading lawyers and law firms:
Who is responsible if I get hit and injured by a truck?
Supreme Court’s Recent ERISA Subrogation Ruling is Shortsighted, Makes Personal Injury Settlements More Difficult
Do you know the restrictions for a probationary driver in New Jersey?
Bleeding Deaths Linked to Pradaxa
GranuFlo and NaturaLyte Accused in Heart Attacks
Lawsuits Claim SSRIs Can Cause Severe Birth Defects
Dangers of Botulism with Botox
Hernia Patients in Pain as Skin Procedure Fails
What can I be compensated for after an accident injury that was not my fault?”
Car Accidents and the Things You Need to Know
Legal Minute - I was injured in a car accident as a passenger. Whom can I file a claim against?
Webinar: Investigating and Resolving Sexual Assaults on Campus
Monster Energy Drink Accused of Teen Death
Legal Minute with Sacramento wrongful death attorney, John Demas
Sacramento dog bite attorney- Legal Minute
Legal Minute: “Who Pays for my Expenses If I’m Injured By A Driver Who Doesn’t Have Auto Insurance?”
Lessons from Amusement Park Safety Concerns: An Integrated Approach to Business Regulation
As Greed Grows in Trucking Industry, Driver Fatigue Is a Problem Facing All Americans
Money Talks: Safe Places & Breach of Security (Part I)
Can you protect yourself from a hit and run accident and why do you need uninsured & under-insured motorist coverage?
In a matter of first impression, the Missouri Court of Appeals for the Eastern District has held the exclusionary rule barring evidence of subsequent remedial measures does not apply when the remedial measure was implemented...more
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
What is “excusable neglect” under Fed. R. Civ. P. 60(b)(1)? The answer is that it depends, but generally it’s not much. That’s the first lesson from the Seventh Circuit’s recent decision in In re Canopy Financial, Inc., No....more
The Court of Appeals for the Western District of Missouri has answered in the affirmative a question left open by the Missouri Supreme Court almost two decades ago: whether a claim for punitive damages can in fact serve as an...more
In October 2012 Paul Ceglia of New York was arrested on charges he forged documents in a multibillion-dollar scheme to defraud Facebook and its chief executive Mark Zuckerberg. Mr. Ceglia had brought a much publicized lawsuit...more
In its recent decision in Powell v. Cherokee Insurance Company, Case No.: 5:09-CV-00205, the U.S. District Court for the Western District of Kentucky reaffirmed that in a third-party bad faith lawsuit alleging failure to...more
We previously reported on Sargon Enterprises v. Univ. of Southern California (November 26, 2012) in which the California Supreme Court made clear that expert testimony regarding lost profits may not succeed if it is too...more
Legal Byte: Objecting to your own discovery responses? Can a person, after he/she has provided responses to discovery under oath, object to his/her own responses as vague and ambiguous? ...more
The Ninth Circuit recently joined its sister circuits to find that the federal interpleader remedy does not limit an insurer's independent tort liability for damages directly and proximately caused by its conduct. Lee v. West...more
Yan Fang Du, et al. v. Allstate Insurance Company, et al. United States Court of Appeals, Ninth Circuit (June 11, 2012) California courts are unclear on whether an insurer may be liable for bad faith unreasonable...more
When the liability of its insured is clear, must an insurer proactively attempt to settle a claim within policy limits in order to avoid bad faith liability? Or is it sufficient to wait until a reasonable settlement offer is...more
In This Issue: - Court of Appeals of Florida Grants Summary Judgment in Favor of Insurer on Bad Faith Failure To Settle Claim pages 1 - 2 - Illinois Court of Appeals Discusses Importance of Notice to the Insured...more
Lawsuits against directors can seem very one-sided with the plaintiffs starting at bat and never having to take to the field to play defense. This may be changing as a result of a very significant decision issued last Friday...more
Recently, U.S. District Judge Shira A. Scheindlin, Southern District of New York, rejected the contentions of Morgan Stanley & Co. Inc. and several ratings agencies, including Standard & Poor’s, Moody’s and Fitch, that credit...more
Many small to medium-sized business purchase commercial general liability insurance or some other type of business insurance to protect the business against claims or lawsuits. In exchange for premium payments by the...more
Darin Johnson v. Ralph’s Grocery Company, et al. Court of Appeal, Fourth District (March 20, 2012) This case concerns two pre-answer challenges a defendant can make to the legal sufficiency of a plaintiff’s complaint:...more
In Knox v. Dean (--- Cal.Rptr.3d ----, Cal.App. 4 Dist., April 24, 2012), a California Court of Appeal considered whether summary judgment in an elder abuse charge against a conservator of an elderly man was correct. The...more
On January 6, 2012, the Federal Courts Jurisdiction and Venue Clarification Act (“Act”) of 2011 , came into effect. The Act as a whole brought changes to Federal statues affecting venue, removal and jurisdiction. The...more
The Appellate Division in Cambria v. Two JFK BLV, LLC, et. al. (423 N.J. Super 499) was called upon to determine whether the trial court properly found that the landlord and its real estate manager were additional insured...more
The Appellate Division has held in Andreoli v. State Insulation Corp. et. al. (2011 WL 4577646) that a plaintiff could not replace a “John Doe” defendant with an actual party due to a lack of due diligence in identifying that...more
Defendants' demurrer to the First Amended Complaint's UCL, FAL and CLRA causes of action based on failure to plead reliance, and failure to plead requisite damages sufficient to confer standing under Simpson Strong Tie v....more
Defendants filed their petition to compel individual arbitration of the putative class action claims pursuant to the United Supreme Court's ruling in Concepcion v. ATT. Briefing schedule and hearing date to be set by the...more
Readers have seen my warnings about plaintiff attorneys trying to turn every marketing statement of opinion or puffing into a consumer fraud claim. Now comes a decision about a non-consumer product consumer fraud claim. A...more
On October 13, 2011, the U.S. Court of Appeals for the Tenth Circuit upheld an Oklahoma District Court’s dismissal on summary judgment of a putative class action on behalf of all purchasers of universal life insurance...more
The media help perpetuate the public's perception and misconception regarding personal injury lawsuits. If fair and balanced reporting was followed, the public would learn the vast majority of personal injury lawsuits aren't...more
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