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?
I was in trial last month. I couldn’t have asked for a better judge. Smart, fair . . . and witty. During the pretrial conference, opposing counsel and I were arguing over whether there was a difference between...more
Welcome to the Spring edition of In Site. This edition covers the following topics: - A brief overview of the “Jackson cost reforms” to civil litigation which came into force on 1 April 2013 - A note of the...more
One of the most frustrating events for a residential homeowner, or a commercial property owner, is the day that they find construction defects on their property. From that time forward, the steps that are taken by the...more
For years, litigating breach of contract cases in Florida meant having to struggle with the array of cases dealing with the Economic Loss Rule. In its simplest form, the Economic Loss Rule is a judicially created principle...more
In This Issue: - Letter From the Editor - Tips for Presenting, Analyzing and Resolving Delay and Impact Claims - The Ever-Shrinking Federal Budget: Preparing for Contract Cut-Backs - Colorado Court of...more
Beacon Residential Community Association v. Skidmore, Owings & Merrill, LLP Court of Appeal, First District (December 13, 2012) The First Appellate District reversed a judgment in favor of design professionals and...more
In Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP (--- Cal.Rptr.3d ----, Cal.App. 1 Dist., December 13, 2012), a California court of appeal found that a homeowners association could seek damages...more
On November 21, 2012, the Colorado Court of Appeals issued a decision with potentially far-reaching implications. In Collard v. Vista Paving Corp., 2012 COA 208 (2012), the court concluded that contractors have a duty to warn...more
A court of appeals recently held that an indemnity agreement between an operator and a contractor placed the burden on the contractor to indemnify the operator for the operator's third-party indemnity obligations that arose...more
In Xavier v. Leviev Boymelgreen Marquis Developers, LLC, 3D11-549(Fla. 3d DCA, Nov. 21, 2012), Maiko A. Xavier and Gricell B. Perez (“Plaintiffs”) sought review of the trial court’s dismissal with prejudice of their real...more
In today’s increasingly mobile construction industry, contractors are frequently involved in projects away from their home office. It is not uncommon for a construction company to send employees to another area and provide...more
A cement truck struck and injured a flagman just outside a construction site. When the flagman sued the driver and the subcontractor that employed him, a battle began over the apportionment of fault among the plaintiff, the...more
A party should use supplemental interrogatories and demands in an efficient and effective manner. They should be sent at least once a year and no later then 90 days before trial. The responses you obtain should direct you...more
USAA Casualty Ins. Co. v. Permanent Mission of the Republic of Namibia, Dkt. No. 10-4892-cv (2d Cir. 2012), involves an appeal from an order we posted on in 2010 (see our discussion here). In the district court, Namibia...more
The Court of Appeal affirmed the trial court’s grant of summary judgment in favor of Perini, a general contractor. Plaintiff alleged that he was exposed to asbestos by Perini employees at job locations where construction of...more
Brian Brannan, et al. v. Lathrop Construction Associates, Inc. Court of Appeal, First District (June 12, 2012) This case is the latest decision limiting the liability of a general contractor for jobsite injuries...more
Parties who require additional insured coverage from their contractors usually expect the coverage to extend to third-party over claims, particularly with respect to bodily injury claims by employees of contractors. Those...more
Over lunch last week, a local attorney was complaining to me about his case that is going to trial in July. On the last day to serve written discovery, Plaintiff counsel had served each of his five clients, on behalf of each...more
On May 29, 2012, the Supreme Court of the United States denied certiorari in one of the most interesting, albeit troubling, construction-related cases to make national headlines since United States v. Spearin, 248 U.S. 132...more
An engineer and architect were not guilty of Occupational Health and Safety Act charges where the wall collapsed more than one year after their work was completed. The Ontario Occupational Health and Safety Act states that...more
In Toro Enterprises Inc. v. Pavement Recycling Systems Inc., 2012 Cal. App. LEXIS 519 (Cal. App. 2d Dist. Apr. 9, 2012) the California Court of Appeal for the Second Appellate District reversed the trial court and granted...more
In its recent decision in The Premcor Refining Group v. National Fire Insurance Co. of Hartford, 2012 U.S. Dist. LEXIS 49097 (D. Del. Apr. 6, 2012), the United States District Court for the District of Delaware considered...more
The purpose of the “meet and confer” requirements set forth in C.C.P. §§ 25.450(b)(2)), 2025.480, 2030.300(b), 2031.310(b), 2032.250 and 2033.290 was for the lawyers to revisit their position, in good faith discuss a...more
What do you do when you are being out muscled by a party who has deep pockets and a lawyer who's intent is to abuse the discovery process and run up his bills. ANSWER--GET THE COURT INVOLVED!!...more
In responding to Requests for Production of documents you have three response choices (1) agree to produce (C.C.P. §2031.220); (2) state that after a diligent search and a reasonable inquiry you have no documents (C.C.P....more
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