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City Not Liable For Mayor's Alleged Improper Conduct

Gong v. City of Rosemead (May 20, 2014, B247601) -- Cal.App.4th --, a Court of Appeal declined to hold the City of Rosemead ("City") liable for the alleged tortious conduct of former mayor and City Council member John Tran...more

California Senate Introduces Bills to Expand Abuse Claims

For our readers who are involved in insuring public and private entities against sexual abuse claims, you may be interested to know that legislation to reform the civil and criminal statute of limitations for childhood sexual...more

Virginia Supreme Court Opinions Affecting Local Government Law January 10, 2014

The Virginia Supreme Court issued new opinions this morning, some of which affect local government law. Here they are (summaries taken from the Virginia Supreme Court website, click on the Record Number to read opinion)...more

Annual Report On “Judicial Hellholes”

The American Tort Reform Association has released its annual report on “Judicial Hellholes”—a term it popularized for jurisdictions in which defendants often contend that they can’t get a fair shake. This year’s report...more

Contributory Negligence Fights Off Extinction Yet Again

Being one of only five States (including the District of Columbia) that still recognizes the affirmative defense of contributory negligence as a complete bar to a tort plaintiff’s recovery in a negligence action, Maryland has...more

Illinois Not Liable for Elected Officials' Attorney Fees for Intentional, Willful or Wanton Misconduct

Does the State of Illinois have to pay elected officials' attorney fees when the underlying complaint alleges that the official committed "intentional, willful or wanton misconduct"? Earlier this month, a unanimous Illinois...more

Asbestos Alert: A Single Exposure May Be “Substantial,” and Evidence of Lobbying Is Not Excluded Under The Noerr-Pennington...

The Court of Appeal has reversed a nonsuit in favor of Amcord based on an epidemiologist’s testimony that a hypothetical worker who poured a bag of gun plastic cement would be at an increased risk for developing mesothelioma....more

Political Question Doctrine Requires Dismissal of Wrongful Death Suit Against Government Contractor in Iraq

Earlier this month, in a lengthy and well reasoned opinion, a federal trial court relied on the Political Question Doctrine in dismissing a wrongful death action against a military contractor. In Harris v. Kellogg, Brown &...more

Bill That Could Nullify Howell Moves Forward

California trial lawyers have made no secret of their intent to nullify the Howell v. Hamilton Meats & Provisions, Inc. decision with new legislation this year. If Howell is nullified or restricted by legislation this...more

Obama Administration Calls for Significant Restrictions on the Application of the Alien Tort Statute

The Obama Administration has filed a supplemental amicus brief with the U.S. Supreme Court in Kiobel v. Royal Dutch Petroleum arguing for significant limitations on the application of the Alien Tort Statute ("ATS") to conduct...more

The Supreme Court Confronts Controversies Overseas, But Will Congress Have the Final Word?

The proper role of US courts in policing conduct abroad is commanding the Supreme Court’s attention and may soon command that of Congress. Since 1789, the Alien Torts Claims Act (“ATCA”) has long conferred jurisdiction upon...more

Obama Administration States that Corporations are Proper Defendants in Alien Tort Cases

The Obama Administration has filed an amicus brief with the U.S. Supreme Court in Kiobel v. Royal Dutch Petroleum in support of the plaintiffs' position that corporations are proper defendants in cases involving claims under...more

Illinois Supreme Court Sets Civil Argument Schedule for September

In This Issue: This afternoon the Illinois Supreme Court published its Oral Argument Calendar for the September term, and the Court will hear oral argument in ten civil cases. The cases, with the issue or issues...more

Tort Reform Advances In Tennessee

Readers know that tort reform is an important issue we have posted on before, at the federal and state level. Latest update: Tennessee recently enacted reform legislation that will, among other things, limit the amount of...more

Tort Reform: A Bad Bargain That Won’t Fix Health Care

In an excellent blog post at The Huffington Post, AAJ president Anthony Tarricone makes the case that tort reform is bad for Americans and will not solve the health care dilemma. The entire article is well-worth reading, but...more

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