Read Personal Injury Law updates, news, and legal commentary from leading lawyers and law firms:
The Integrated and Coordinated Approach to Title IX Compliance
Hailey French’s Story – When millions barely cover the bills.
Civil Sexual Assault Episode 3: Challenges Facing Survivors Seeking Redress Through the Civil Courts
The Keys to Assessing Sexual Abuse Claims - Civil Sexual Assault Episode 2
Civil Sexual Assault: Options for Redress
What happens if more than one person is responsible for an accident?
Catastrophic Impairment: What it means and why it's important to you if you've been hurt in a car accident
What is Subrogation and How Does it Affect Settlement Amounts?
Superman's Legal Duty
Gene Grabowski on Pharmaceutical & Medical Devices
Best Practices: Institutional Response to Sexual Misconduct (Podcast)
What Money Damages Are Available In A Personal Injury Claim?
Do you know the restrictions for a probationary driver in New Jersey?
Car Accidents and the Things You Need to Know
Webinar: Investigating and Resolving Sexual Assaults on Campus
Lessons from Amusement Park Safety Concerns: An Integrated Approach to Business Regulation
Money Talks: Safe Places & Breach of Security (Part I)
On November 12, the United States State Supreme Court denied cert in ACS Recovery Services, Inc., v. Griffin 723 F.3d 518 (5th Cir. 2013), preserving a 5th Circuit Court ruling which closed the door on another means of...more
In addition to proving “but for” (a.k.a., cause-in-fact) causation, the plaintiff must also prove as a separate element of causation that the injury was foreseeable to the defendant. In general, to prove foreseeability, the...more
The West Virginia Supreme Court of Appeals recently issued two rulings that have a significant impact on the way employers may defend cases brought under West Virginia's deliberate intent statute (W.Va. Code § 23-4-2)....more
In its recent decision in RSUI Indem. Co. v. American States Ins. Co., 2013 U.S. Dist. LEXIS 161805 (E.D. La. Nov. 13, 2013), the United States District Court for the Eastern District of Louisiana had occasion to consider the...more
Employer Was Entitled To "Substantial Motivating Factor" Jury Instruction -
Alamo v. Practice Mgmt. Info. Corp., 219 Cal. App. 4th 466 (2013) -
In one of the first appellate opinions to consider the new jury...more
The Missouri Supreme Court has ruled the state's Department of Transportation did not engage in sexual orientation discrimination when it denied survivor benefits to the same-sex partner of a state trooper killed in the line...more
We all know that police in Ontario are cracking down on distracted drivers, particularly those handling cell phones or texting while driving. But now a private motor vehicle accident lawsuit is alleging that a driver was...more
Question: Is an employer liable for the damage caused by its employee when that employee is involved in an automobile accident outside of work hours and on a personal errand? Answer: As with most things, it...more
A majority of the High Court (4:2) has handed down a significant decision in Comcare v PVYW  HCA 41, which has clarified the meaning of a "work-related injury" and closely examined what was said in Hatzminanolis v ANI...more
Moradi v. Marsh USA, No. B239858 (September 17, 2013): A California Court of Appeal recently held that an employer was vicariously liable for a car accident that occurred when an employee was driving home from work.
The Supreme Court of Appeals' recent decision in McComas v. ACF Indus., Inc. could have significant implications for employer liability under West Virginia's deliberate intention statute. In McComas, the plaintiff was a...more
The Maryland Court of Appeals issued an opinion on September 24, 2013, in Josephine Chesson, et al. v. Montgomery Mutual Insurance Co., No. 97, 2013 WL 5311126, -- A.3d --- (Md. Sept. 24, 2013) (Chesson III), finding that,...more
A District Court in Eastern Michigan recently rejected a motion to dismiss a participant’s benefit claim, holding that an employer legally could be liable to a participant in a nonqualified deferred compensation plan when the...more
Halliburton Energy Services, Inc. provided Troy Martinez with a company vehicle to use in the execution of his duties. After completing a day’s work, Martinez drove to Bakersfield with his family to purchase a car for his...more
This week we examine the issues of whether a volunteer who accepts medical benefits under a worker's compensation policy is bound to the Indiana Worker's Compensation Act for exclusive recovery. We also examine the Indiana...more
Yesterday the Arizona Court of Appeals decided a case that stands to undo the efficacy of arbitration agreements of all kinds in Arizona, including those found in the employment setting. Clark v. Renaissance West, LLC (Az....more
A university professor’s “broad proposals to change the direction and focus” of the university’s School of Communications were matters of public concern protected by the First Amendment. Despite the professor’s public...more
Occupational Health and Safety Act charges could proceed against an insolvent company even though it had obtained protection from its creditors under the Companies’ Creditors Arrangement Act (“CCAA”), an Ontario judge has...more
On January 1, 2014, a new section of the Civil Practice Law, “Settlement of claims; payment” (735 ILCS § 5/2-2301), will take effect. The Illinois legislature passed the law in an effort to expedite the payment process in...more
A new Illinois law aimed at preventing defendants from delaying payment after agreeing to settle a claim will impact Illinois employers that settle certain tort claims. The new section of the Civil Practice Law, “Settlement...more
Employer May Be Liable For Death Resulting From Drunk Employee's Automobile Accident -
Purton v. Marriott Int'l, Inc., 218 Cal. App. 4th 499 (2013) -
In December 2009, the Marriott Del Mar Hotel held its annual...more
Employer Liable for Employee’s Drunken Car Accident – After He Got Home -
According to a recent California appellate court decision, an employer can be liable for an employee who drank too much at a company party, made...more
The ruling provides guidance as to what employee conduct is protected under the antiretaliation provisions of two key state laws.
On July 17, the Supreme Court of New Jersey issued a decision in Battaglia v. United...more
Any day you get served with a lawsuit is not a good day for your business. By taking immediate action and an active defense role, we increase our clients’ chances of achieving the best possible outcome, as the following case...more
Where a person seeks compensation for injury resulting from wrongful conduct, there must be a demonstrated connection between the wrong alleged and the injury — i.e., causation. The default rule, developed in connection with...more