Personal Injury, Civil Procedure, Labor & Employment Law

NFL Concussion Lawsuits in Philadelphia

by The Rothenberg Law Firm LLP on 5/2/2013

Earlier this month, a federal court in Philadelphia heard arguments about concussions in the National Football League (NFL). More than 4,100 plaintiffs, who are part of 222 consolidated lawsuits, are at the beginning of the...more

Missouri Court of Appeals Joins Majority of Federal Courts in Holding the Prohibition Against Evidence of Subsequent Remedial...

by Williams Venker & Sanders on 4/25/2013

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

The Illinois Supreme Court 2012: The Year in Review

by Kirk Jenkins | Sedgwick LLP on 4/22/2013

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

Recent Development on Corporate Liability in U.S. Courts for Conduct Outside the United States

by Bob Loeb, James Stengel, Laurie Strauch Weiss | Orrick, Herrington & Sutcliffe LLP on 4/22/2013

This week the U.S. Supreme Court issued its much-awaited decision in Kiobel v. Royal Dutch Petroleum Co., which addressed the question of whether a federal court may recognize a cause of action under the Alien Tort Statute...more

Supreme Court Ruling Limits Extraterritorial Application Of Alien Tort Statute

by Joseph Mamounas, Rafael R. Ribeiro, Marty Steinberg | Bilzin Sumberg Baena Price & Axelrod LLP on 4/22/2013

U.S. companies with, or that were seeking to acquire, foreign operations often fretted over the possibility that plaintiffs in the foreign jurisdiction would seek to invoke the Alien Tort Statute ("ATS"), 28 U.S.C. § 1350,...more

The Final Breaths of the Alien Tort Statute

by Philip Berkowitz, Michael G. Congiu, John Kloosterman, Morgan Julia Matson, Eric A. Savage | Littler on 4/22/2013

On April 17, 2013, the Supreme Court decided Kiobel v. Royal Dutch Petroleum. For all intents and purposes, the decision eliminates use of the federal Alien Tort Statute ("ATS") as an employment law weapon to be used against...more

Supreme Court Rules on Equitable Defenses to Reimbursement Claim by Employee Health Plan

by Katherine Lange | Womble Carlyle Sandridge & Rice, PLLC on 4/22/2013

Executive Summary: Reimbursement claim brought under ERISA sec. 502(a)(3) was akin to “equitable lien by agreement,” and therefore could not be defeated by equitable defenses that contradicted plan terms. ...more

Fenwick Employment Brief: Verbal Disclosure Of Private Facts Actionable

by Sheeva J. Ghassemi-Vanni, Daniel J. McCoy | Fenwick & West LLP on 4/18/2013

A California appellate court expanded the basis for a public disclosure of private facts claim in Ignat v. Yum! Brands, Inc....more

School Board Liability for Sexual Abuse of Students by Staff - An Area to be Watched

by Elizabeth K.P. Grace | Lerners LLP on 4/12/2013

In the last year, there have been two Ontario trial decisions dealing with sexual abuse of students by teachers. While we are still awaiting the full decision in the second case, it appears these cases may have yielded...more

The Duty To Preserve Social Media Information

by Michael Schmidt | Cozen O'Connor on 4/10/2013

It is not, as many recent articles and blogs have discussed, just about whether relevant social media information can be discovered by one party in a lawsuit. It is also about what happens when a party fails to preserve...more

West Virginia Supreme Court Approves Impairment Tables

by Karin Weingart | Spilman Thomas & Battle, PLLC on 4/1/2013

Case Report - Gore v. WVOIC and Boone County Parks & Recreation Comm’n, (W.Va. 3/28/2013) - On March 28, 2013, the West Virginia Supreme Court of Appeals issued a decision supporting the ranges of permanent...more

Weekly Law Resume - March 28, 2013: Civil Procedure – Summary Judgment – Judicial Estoppel

by Aaron P. Shapiro | Low, Ball & Lynch on 4/1/2013

Diane Marie Minish v. Hanuman Fellowship et al. - Court of Appeal, Sixth District (February 25, 2013) - The doctrine of judicial estoppel precludes a party from obtaining an advantage by asserting one position, and...more

Employee’s Wrongful Termination And Defamation Claims Were Properly Dismissed

by Anthony Oncidi | Proskauer - California Employment Law on 3/27/2013

John McGrory alleged his employment was terminated because he is male and because he participated in his employer’s internal investigation. He also alleged defamation associated with a statement the vice president of human...more

Sexual Assault Victim’s Motion To Strike Supervisor’s Defamation Claim Was Properly Granted

by Anthony Oncidi | Proskauer - California Employment Law on 3/27/2013

Lisa Aber sued her employer and two co-employees (Michael Comstock, Aber’s supervisor, and James Cioppa) for sexual harassment and sexual battery, among other things. Comstock filed a cross-complaint against Aber in which he...more

Plaintiffs' Attorneys, Rest Easy: Cease and Desist Letters Likely Aren't Defamatory

by Kenneth Vanko | Clingen Callow & McLean, LLC on 3/26/2013

Non-compete disputes often follow a similar pattern. And part of that pattern involves the dreaded "cease-and-desist" letter. These letters are precursors to litigation, and they can be either effective or damaging,...more

Punitive Damages Exception Recognized to General Rule Precluding Direct Liability Against Employers who Admit Vicarious Liability...

by Williams Venker & Sanders on 3/26/2013

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

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Personal Injury › Civil Procedure › Labor & Employment Law

NFL Concussion Lawsuits in Philadelphia

Missouri Court of Appeals Joins Majority of Federal Courts in Holding the Prohibition Against Evidence of Subsequent Remedial...

The Illinois Supreme Court 2012: The Year in Review

Recent Development on Corporate Liability in U.S. Courts for Conduct Outside the United States

Supreme Court Ruling Limits Extraterritorial Application Of Alien Tort Statute

The Final Breaths of the Alien Tort Statute

Supreme Court Rules on Equitable Defenses to Reimbursement Claim by Employee Health Plan

Fenwick Employment Brief: Verbal Disclosure Of Private Facts Actionable

School Board Liability for Sexual Abuse of Students by Staff - An Area to be Watched

The Duty To Preserve Social Media Information

West Virginia Supreme Court Approves Impairment Tables

Weekly Law Resume - March 28, 2013: Civil Procedure – Summary Judgment – Judicial Estoppel

Employee’s Wrongful Termination And Defamation Claims Were Properly Dismissed

Sexual Assault Victim’s Motion To Strike Supervisor’s Defamation Claim Was Properly Granted

Plaintiffs' Attorneys, Rest Easy: Cease and Desist Letters Likely Aren't Defamatory

Punitive Damages Exception Recognized to General Rule Precluding Direct Liability Against Employers who Admit Vicarious Liability...

Public Disclosure of Private Facts: California Court of Appeal Holds that Spoken Words Do Not Disappear Into Thin Air

Court Finds Private Person Can Be Held Liable for Negligent Inspection

I’ll Take “Not A Vessel” for $600, Alex: What Is A Tension Leg Platform?

California Court Addresses Priority of Coverage In Auto Context

Primer on West Virginia State Law Labor and Employment Claims

Sexual Harassment Complaints Are Subject To Anti-SLAPP Motions To Strike

Indemnity Agreement's Scope Included Contractual Liabilities To Third Parties

Engler v. Gulf Interstate Eng’g, Inc.: Employer Liability for Contractor Employees Working Away from Home

Workplace Injuries: Intentional Tort Claims in Ohio Are (Nearly) Dead in the Water

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