News & Analysis as of

Personal Injury Civil Procedure

Read Personal Injury Law updates, news, and legal commentary from leading lawyers and law firms:

Court Compels Arbitration Of Non-Signatory Party Seeking To Recoup Damages Flowing From Contract Containing Arbitration Clause

by Carlton Fields on

A federal district court has required Scottsdale Insurance Company to arbitrate a claim against Kinsale Insurance Company based on an arbitration clause in a contract between Kinsale and its insured – a contract to which...more

Defence & Indemnity - June 2017 : II. LIABILITY ISSUES B. Widdowson v. Rockwell [2017] B.C.J. No. 457, per Kent, J. [4233]

by Field Law on

II. LIABILITY ISSUES - B. A commercial host’s liability with respect to an intoxicated patron will not necessarily end when the patron arrives safely home – it is not necessarily a break in the chain of...more

Defence & Indemnity - June 2017 : II. LIABILITY ISSUES A. Wardak v. Froom, 2017 ONSC 1166, per Matheson, J. [4227]

by Field Law on

II. LIABILITY ISSUES - A. The Ontario Superior Court of Justice refused to grant summary dismissal in a social host liquor liability case where the adult defendants supervised their son’s party, involving underage drinking...more

RICO Madness: The Nuisance of Owning and Operating a Marijuana Facility

by Snell & Wilmer on

On June 7, 2017, the Tenth Circuit Court of Appeals issued its opinion in Safe Streets Alliance, et al. v. Hickenlooper, et al., (No. 16-1048), an opinion that could open the doors to property use litigation involving...more

The King’s Time Is Up: Arizona Supreme Court Holds That the Statute of Repose Bars Untimely Claims by State Entities and Overrides...

by Pepper Hamilton LLP on

City of Phoenix v. Glenayre Elecs., Inc., 2017 Ariz. LEXIS 121 (Ariz. May 10, 2017) - Between 1960 and 2000, Carlos Tarazon (“Tarazon”) performed work installing and repairing water piping for various contractors and...more

Insurance Bad Faith – Genuine Dispute Doctrine

by Low, Ball & Lynch on

Carmen Zubillaga v. Allstate Indemnity Company - Court of Appeal, Fourth Appellate District (June 19, 2017) - The “genuine dispute doctrine” provides an insurer a defense against a bad faith claim when there is a...more

Primary Assumption of Risk Kicks Horseback Riding Injury Claim to the Curb

In Swigart v. Bruno, 2017 No. D071072, the California Court of Appeal, Fourth District, relied on the primary assumption of risk doctrine in affirming summary judgment against a plaintiff injured by a horse during an...more

Alberta's Highest Court Clarifies OHS Law: Privilege Must Be Proven

by Field Law on

With its decision this week in Alberta v. Suncor Energy Inc, 2017 ABCA 221, the Alberta Court of Appeal has considered and clarified the application of solicitor-client privilege and litigation privilege to incidents under...more

Punitive damages declared enforceable by the Italian Supreme Court (Italian)

by Dentons on

"Punitive damages" land in Italy - Le Sezioni Unite della Corte di Cassazione con sentenza n. 16601, pubblicata il 5 luglio 2017, hanno ritenuto ammissibile il riconoscimento in Italia dell’istituto dei danni punitivi o...more

Tort Reform Update: Missouri Changes Rules for Recovery of Medical Bills as Damages

by Lathrop Gage on

On July 5, 2017, Missouri Governor Eric Greitens signed into law Senate Bill 31. This tort reform measure prescribes new evidentiary rules for plaintiffs who seek to recover as damages the medical bills they incurred as a...more

Defence & Indemnity - June 2017 : Insurance Issues B. Stairs v. CFM Corp., 2017 NBCA 8 [4226]

by Field Law on

I. INSURANCE ISSUES B. In Alberta an insured’s settlement with a third party which releases the third party does not preclude the insured’s insurer from pursuing a subrogated claim against the third party. Elsewhere in...more

Soto v. Sacco

Arizona Supreme Court Clarifies Standards for Remittitur in Soto v. Sacco - The Arizona Supreme Court has clarified the standard for remittitur (and additur) under Ariz.R.Civ.P. 59(i) (now Rule 59(f)), as well as the...more

Defence & Indemnity - June 2017 : I. INSURANCE ISSUES A. Haraba v. Wawanesa Mutual Insurance Company (The), 2017 ABQB 190, per...

by Field Law on

I. INSURANCE ISSUES A. Insurance policies are to be interpreted how an ordinary person would understand them such that, absent clear policy wording to the contrary, the interests of co-insureds are to be considered several...more

Court of Special Appeals Affirms Admission of Plaintiff’s Medical Records into Evidence to Support Opinions of Defense Expert

by Miles & Stockbridge P.C. on

A recent holding of the Court of Special Appeals of Maryland is of significance to companies defending personal injury lawsuits—particularly those where the nature or extent of a plaintiff’s alleged injuries is in dispute. In...more

Attempted End Run Around Wisconsin’s Exclusive Remedy of Worker’s Compensation Fails in Asbestos Litigation in the Seventh Circuit

by Ruder Ware on

Wisconsin’s exclusive remedy of worker’s compensation has long been a bulwark against civil suits brought by employees (subject to a few narrow exceptions not applicable here). This bulwark has survived a creative attack in...more

What is the Value of Pain and Suffering in the Offshore Jurisdictions?

by Sedgwick LLP on

Anyone who has ever been to a supermarket in an offshore jurisdiction like Bermuda or the Cayman Islands could be forgiven for making the assumption that the cost of living offshore is much higher than it is in England and...more

Actor James Woods’ Multiple Lawsuits Highlight Dangers of Inflammatory Social Media Postings

by Akin Gump - Excubitor on

Earlier this year, a resident private citizen filed suit against celebrity James Woods, alleging that he defamed her via his postings on a popular short-form social media. The current suit follows a similar case brought by...more

Poisoning the Well: Washington Supreme Court Applies Efficient Proximate Cause to Eviscerate Pollution Exclusion in Liability...

by Carlton Fields on

Professionals and practitioners in first party property insurance are likely familiar with the efficient proximate cause rule, which requires an insurance policy to provide coverage where “a covered peril sets in motion a...more

Ninth Circuit Upholds Bad Faith Award Despite Issues With Policy Limits Demand

by Cozen O'Connor on

In Madrigal v. Allstate Indemnity Co., Cause No. 16-55830 (9th Cir. June 15, 2017), the Ninth Circuit upheld a jury award assessing $14 million in bad faith damages, even though it was unclear whether the insurer could have...more

Second Circuit Holds That Printing of Expiration Date Is a Bare Procedural Violation of FACTA That Is Inadequate Under Spokeo to...

by Davis Wright Tremaine LLP on

Addressing the issue of when “a bare procedural violation of a statutory right constitute[s] an injury in fact sufficient for standing to bring suit in federal court”, the U.S. Court of Appeals for the Second Circuit has...more

When an Assault Really Is an Assault... A Sequel

by Nexsen Pruet, PLLC on

Jesse Bass was a guest at Henry’s Sports Bar in December 2012, when the bouncer struck him in the head with such force that he was knocked unconscious and suffered serious brain injury. Bass brought an action against Henry’s,...more

Equipment Manufacturers: Beware of the Rental Yard Customer When Safety Features Are Optional

by Wilson Elser on

Fasolas v. Bobcat of New York Appellate Division (April 1, 2017) - A typical argument made by the plaintiffs and their experts in a design defect/ product liability case is that “Safety should never be an option.” Over...more

Supreme Court Says “No” to “Litigation Tourism”

There has been a lot said already about the effect on product liability (especially drug) cases and “mass actions” as a result of the United States Supreme Court’s June 17, 2017 decision in Bristol-Myers Squibb Co. v....more

Are You Affiliated? The Supreme Court Further Limits Forum Shopping in the Mass Tort Context

by Sedgwick LLP on

Pardon the Jimi Hendrix allusion, but it seemed appropriate given yesterday’s Supreme Court decision in Bristol-Myers Squibb Co. v. Superior Court of California, No. 16-466 (June 19, 2017), in which the California Supreme...more

US Supreme Court strikes death blow against forum shopping in mass actions by limiting personal jurisdiction

by DLA Piper on

On Monday, the US Supreme Court continued its recent trend of contracting personal jurisdiction in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco County, No. 16-466, 582 U.S. ___ (2017) by holding...more

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