Personal Injury Civil Procedure Civil Remedies

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Sirius Wins One in Florida, Florida, Florida!

On June 22, 2015, the Southern District of Florida held that artists have no public performance rights in their pre-1972 sound recordings under Florida law, in contrast to decisions from California and New York in related...more

Re-Examining the Admissibility of Unpaid Medical Bills as Evidence

In Bermudez v. Ciolek (No. G049510, filed June 22, 2015), the California Court of Appeal, Fourth District, held unpaid medical bills, joined with expert testimony regarding their reasonableness, were properly admitted and...more

It’s Time We Finally Do Something About §42-1-580

My rule: blogs should be short and to the point, no more than four paragraphs. I have chastised attorneys in my firm who have created blogs that turned into epistles. Well, here is their chance to criticize me, because there...more

PA Judge Nixes Employees’ Negligence Claim for Data Security Breach

Red On May 28, 2015, in the first known ruling of its kind, a trial court in Allegheny County held that Pennsylvania law does not recognize a civil cause of action against companies for failing to secure its employees’...more

Data Breach Negligence Claims Not Recognized in Pennsylvania

In an important and well-reasoned 12-page decision, Judge Wettick of the Court of Common Pleas of Allegheny County refused to create a common law duty to protect and secure confidential information. The decision was issued in...more

Colorado Supreme Court: Indefinite, Future Assignment of Insurance Proceeds Unenforceable Against Insurer

It is not uncommon for injured persons to assign their rights to insurance proceeds to a third party, and the enforceability of those assignments has been the subject of frequent litigation around the country. In the most...more

NJ Court says no double recovery for alleged injuries in Nursing Home

On post trial motions, based on recent decisions of the NJ Appellate Division, a private plaintiff cannot assert a cause of action against a nursing home for failure to comply with statutes, rules and regulations, but only...more

Texas Supreme Court Eliminates Premises Liability for Concurrent Acts of Premises Employees

In Magdalena Adrienna Abutahoun, et al. v. The Dow Chemical Company, 2015 WL 2147979, the Supreme Court of Texas affirmed the overturning of a jury verdict against Dow, finding it owed no duty related to the plaintiffs’...more

Appellate Court Rejects Reliance on Document Retention Policy; Justifies Harsh Sanctions (Washington)

Crews v. Avco Corp., 2015 WL 1541179 (Wash. Ct. App. Apr. 6, 2015). In this wrongful death action, the plaintiffs sought discovery concerning the design and manufacture of a carburetor that was believed to be the cause...more

Illinois Supreme Court Holds Fees and Costs Not Deductible From Health Care Lien

Yesterday, a unanimous Illinois Supreme Court resolved an important question for the health care industry. In an unanimous opinion by Justice Mary Jane Theis, the Court held in McVey v. M.L.K. Enterprises, LLC that a health...more

CCP Section 998 Offers to Compromise and Howell v. Hamilton Meats Collide

In Lee v. Silveira, et al., 2015 DJDAR 5287, the California Court of Appeal, Fifth Appellate District, held that a plaintiff is not entitled to recover fees under California Code of Civil Procedure (“CCP”) Section 998 where...more

Franchisors in Québec have the implied obligation to protect and enhance the brand: the Dunkin’ Donuts case

In a unanimous decision, the Québec Court of Appeal has upheld the decision of the Superior Court which found that a franchisor must take reasonable measures to protect and enhance the value and reputation of its brand. Thus,...more

Pennsylvania Federal Court Rejects Early Lone Pine Motion in Oil and Gas Nuisance Suit

A federal district court in Pennsylvania cautioned against premature Lone Pine motions in a ruling that may be instructive for future lawsuits involving oil and gas exploration and production operations....more

High Court to clarify proportionate liability – judgment imminent

Those of you following our coverage regarding the proceedings of Selig & Anor v Wealthsure Pty Ltd & Ors, presently before the High Court of Australia, will be pleased to hear that judgment is set to be delivered at 10am on...more

The California Supreme Court - What to Expect in 2015

On Wednesday, April 29, 2015 at 11 a.m. PDT/2 p.m. EDT, Sedgwick attorneys Kirk Jenkins (Chicago), Hall Marston (Los Angeles) and Michael Walsh (Los Angeles) presented a webinar titled “The California Supreme Court: What to...more

Lone Pine Order Reversed: Rocky Mountain Low

We think Lone Pine orders are fair and useful tools, and we believe that courts should use them more often, not less. We learned last week that the Colorado Supreme Court disagrees, at least when reviewing the particular...more

Alabama Legislature Abolishes Weeks Innovator Liability Theory

That didn’t take long. Yesterday the Alabama House of Representatives passed SB-80, which abolishes the innovator liability theory created in the execrable decision in Wyeth, Inc. v. Weeks, ___ So.3d___, 2014 WL 4055813...more

Illinois Supreme Court Appears Skeptical of Wrongful Death Claim Arising From Suicide

Earlier this month, the Illinois Supreme Court heard oral arguments in Turcios v. The DeBruler Company. Turcios poses a simple question: can a plaintiff state a claim for wrongful death arising from a suicide? Our detailed...more

Is the employer hijacking the case, or not?

The Labour Tribunal is a specialised court set up to provide a simple, inexpensive and informal means of resolving employment disputes in Hong Kong. The Tribunal has exclusive jurisdiction to deal with claims arising from a...more

New York Court Sets Aside $11 Million Verdict and Puts the Onus on Plaintiffs to Quantify Exposures to Asbestos

On April 13, 2015, Justice Barbara Jaffe of the Supreme Court, New York County, issued a decision and order granting the motion by Ford Motor Company to set aside the verdict of $11 million in Juni v. A.O. Smith Water...more

Business Court Denies TRO In The Midst of A Proxy Fight

The Defendant in Allcorn v. Bradley Creek Boatominium, Inc. sought an injunction against the Plaintiffs in the midst of a proxy fight as to their allegedly defamatory statements in connection with the election of the...more

Judge Protects GM Against Most, But Not All, Ignition Switch Claims

Judge Robert Gerber ruled last week that General Motors LLC (“New GM”), the entity formed in 2009 to acquire the assets of General Motors Corporation (“Old GM”), is shielded from a substantial portion of the lawsuits based on...more

In Childhood Sexual Abuse Case, California Appellate Court Finds Church has No Duty to Prevent Its Members from Harming Each Other

In Conti v. Watchtower Bible & Tract Society of New York, Inc. (filed 4/13/15, A136631), the California Court of Appeal, First District, reversed an award of $8 million in punitive damages, on the ground that a Jehovah’s...more

Vineyard's Attorney Fees Claim Turns Into Sour Grapes

In Belle Terre Ranch Inc. v. Wilson, 2015 DJDAR 506, the California Court of Appeal for the First Appellate District decided an agricultural trespass action involving an attorney fees claim....more

Practical Guidance on Application of Caps on Non-Economic Damages and Punitive Damages

In 2011, Tennessee joined a growing number of states that passed tort reform. In Particular Tennessee Code Annotated § 29-39-102 provides for caps on non-economic damages and Tennessee Code Annotated § 29-39-104 provides for...more

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