Personal Injury Civil Procedure

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3 Logjams that Stall Most Uninsured/Underinsured Motorist Cases

Barry P. Goldberg is a frequent author on Uninsured/Underinsured (“UM/UIM”) motorist topics. As such, regular advice is given out on many UM/UIM circumstances. Surprisingly, most questions from other lawyers do not involve...more

Personal Injury: The "Independent" (Defense) Medical Examination Required By Law

This is part of a series of blogs that discusses what a client can expect during various stages of a personal injury case. This post addresses what happens when the defense has the Plaintiff examined by a doctor in what is...more

Choosing the right municipal case for summary judgment

A motion for summary judgment can be a valuable tool for municipalities. In the right circumstances, it can lead to decreased costs and the early resolution of a lawsuit....more

Connecticut Supreme Court Allows Plaintiffs to Circumvent HIPAA’s No Private Right of Action Clause

In an opinion released on November 11, the Connecticut Supreme Court ruled on whether the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations preempt a common law claim for...more

Student Injury Case: Did the Governmental Immunity Defense Just Get Weaker?

Predictable horseplay and a metal locker with an exposed, jagged and rusty edge may be enough evidence for a jury to conclude that school officials had a “clear and unequivocal duty to act immediately to prevent harm” to...more

Hurdles to Bringing a Defamation Suit for an Online Review

Courts and the legislature alike have made it difficult for doctors and business owners of all kinds to succeed on a defamation claim for an online review, often treating these lawsuits as attempts to silence freedom of...more

Premises Liability – Hotel Owner’s Duty to Children in Multiple Story Structures

Nan Lawrence, et al. v. La Jolla Beach and Tennis Club, Inc., et al. - Court Of Appeal, Fourth Appellate District (October 31, 2014) - In most premises liability actions, duty of the property owner is determined...more

Fee award against non-party attorney is thrown out by appellate court

In Suarez v. City of Corona, 2014 DJDAR 12101, the California Court of Appeal for the Fourth Appellate District decided an interesting case concerning the interpretation of California Code of Civil Procedure Section 1038....more

Middle District of Pennsylvania: Mere Delay Does Not Constitute Bad Faith

Shaffer v. State Farm Mut. Auto. Ins. Co., No. 1:13-CV-01837, 2014 WL 5325340 (M.D. Pa. Oct. 20, 2014). Court grants summary judgment to insurer where lengthy investigation was required to determine causation for UIM...more

Federal Court Finds Potential Risks to Human Health and the Environment from Pesticide Use on Genetically Modified Organisms...

In Jim Aana, et al. v. Pioneer Hi-Bred International, Inc., et al. (August 26, 2014) (2014 WL 4241221), a consolidated class-action lawsuit filed by the residents of Waimea, Kauai, the United States District Court for the...more

Middle District of Florida: Court Denies Summary Judgment For Insured On First-Party Bad Faith Claim Where Permanence Of Injury...

Cadle v. Geico Gen. Ins. Co., No. 6:13-CV-1591-ORL-31G, 2014 WL 4983746 (M.D. Fla. Oct. 6, 2014). Middle District of Florida finds that insured’s bad faith claim for first-party failure to settle could not properly be...more

Pennsylvania Appeals Court Affirms Defendants’ Summary Judgments on Bystander Exposure Claims

Allegations of bystander exposure to asbestos via laundry is a common claim in cases where a plaintiff has no apparent occupational exposure but instead alleges that her asbestos-related disease was caused by exposure to...more

D.C. Circuit: USAID Worker Jailed in Cuba Can’t Recover Damages from the Government

On November 14, 2014, in Alan Gross and Judith Gross v. U.S.A., a three-judge panel of the United States Court of Appeals for the D.C. Circuit unanimously held that a humanitarian aid worker, who sub-contracted with the...more

Appellate Court Notes

SC19118 - E & M Custom Homes, LLC v. Negron - New home warranty claim was successfully asserted as a counterclaim to a mechanic lien foreclosure. You will have to read the Appellate Court decision to find out what...more

NCAA Appeals Ruling on Compensation for Student-Athletes

On November 14, 2014, the National Collegiate Athletic Association (NCAA) submitted its initial brief to the Ninth Circuit Court of Appeals challenging the Northern District of California’s August decision that the NCAA’s...more

Ninth Circuit Enforces Waiver of Subrogation Clause in Design/Build Agreement Against Post-Construction Property Insurer

Travelers Indem. Co. v. Crown Corr, Inc., 2014 U.S. App. LEXIS 21101 (9th Cir. 2014) - This action arose out of the construction of the University of Phoenix Stadium (the “Stadium”), home of the Arizona Cardinals. ...more

California Supreme Court Denies Review of Ruling Allowing Restaurant Owner’s False Advertising Claims to Proceed Against Yelp

On November 12, 2014, the California Supreme Court denied review of the California Court of Appeals decision in Demetriades v. Yelp, Inc., 2014 WL 3661491 (Cal. App. July 24, 2014), which allowed a restaurant owner to proceed...more

Limitation Periods and Non-Earner Benefits - the Latest Comments by the Court of Appeal

The Court of Appeal's recent decision in Sagan v. Dominion [2014 ONCA 720] confirmed that the submission of Disability Certificates are not required to trigger the commencement of a limitation period....more

Alien Tort Case Development: Ninth Circuit Affirms Dismissal of Claims Against Occidental Petroleum and AirScan

On November 12, the Ninth Circuit Court of Appeals affirmed the dismissal of claims filed pursuant to the Alien Tort Statute (“ATS”) against Occidental Petroleum and AirScan. The case, Mujica v. AirScan, involves claims by...more

Missouri’s General Rule Of One Corporation Not Being Liable For Another’s Conduct Is Reaffirmed

In Blanks v. Fluor Corp., ____ S.W.3d ____ (Mo. App. E.D. 2014) WL 4589815, September 16, 2014), the Missouri Court of Appeals reversed a jury verdict against Fluor Corporation, because it was improperly based on the conduct...more

Indiana Court Holds Auto Exclusion Applicable to Forklift-Related Injury

In its recent decision in National Am. Ins. Co. v. Harleysville Lake State Ins. Co., 2014 U.S. Dist. LEXIS 160593 (S.D. Ind. Nov. 14, 2014), the United States District Court for the Southern District of Indiana had occasion...more

Illinois Supreme Court Agrees to Decide Whether Illinois Recognizes a Claim for Wrongful Death from Suicide

In Turcios v. The DeBruler Company, a case from the Second District, the Illinois Supreme Court agreed to decide a simply stated question: can a plaintiff state a claim for wrongful death as a result of a suicide?...more

Did You Know that an Expert can Testify that You were At Fault—Even if You Were Not!

Barry P. Goldberg is careful when advising accident victims that think that their case is a “slam dunk” on liability. In fact, claimants should be aware that if the case goes into active litigation the insurers will hire...more

Bank That Accepted Stolen and Forged Checks From Check-Cashing Company Had Duty of Care to Verify Endorsements

Addressing an issue of first impression, the California Fourth Appellate District has decided that a check cashing service is not a bank for purposes of the fraudulent indorsement provisions of Section 3405 of the California...more

Illinois Supreme Court to Weigh Private Right of Action for Failure to Accurately Calculate Presentence Time-Served Credits

During its September term, the Illinois Supreme Court agreed to decide a novel question presented by a case arising from the Fifth District: does a prisoner have an implied right of action against the circuit clerk and county...more

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