"Damages" in an Injury Lawsuit: An Introduction for Lay People
Your Deposition: What to Expect
Trial by Jury: Why It Matters in a Democratic Society
The Burden of Proof -- What must plaintiffs prove to win their case?
Bringing a Lawsuit to Find Out What Happened and Why
Subrogation: Piggyback Claims by Health Insurers in Injury Lawsuits
Who Can Sue the U.S. Government for Injuries? A Legal Primer
Why Secret Settlements of Injury Lawsuits Are Bad (for Everyone but the Defendant)
How Big Tobacco Handles Lawsuits -- Attrition and Wait for Deaths
The Evolution of Informed Consent in U.S. Courts
How Auto Defects Can Cause Passenger Injury
What patients misunderstand about their right of informed consent
Blecker: GM Recalls Show Need for Harsher Penalties for "Red Collar" Criminals
Attorney Client Privilege
Proximate Cause - An Important Practice Tip for Personal Injury Lawyers
Understanding Supplemental Spousal Liability Insurance in NY
The Integrated and Coordinated Approach to Title IX Compliance
Hailey French’s Story – When millions barely cover the bills.
What happens if more than one person is responsible for an accident?
What is Subrogation and How Does it Affect Settlement Amounts?
An Illinois federal judge recently approved only one of two well-known asbestos experts to testify in a former pipefitter’s asbestos exposure case. U.S. District Judge John Z. Lee of the Northern District of Illinois held...more
Depositions sound intimidating to any lay person involved in a civil lawsuit. Whether the case is about a personal injury, a commercial dispute, an employment issue or any other kind of claim that winds up in civil court,...more
Allegations of bystander exposure to asbestos via laundry is a common claim in cases where a plaintiff has no apparent occupational exposure but instead alleges that her asbestos-related disease was caused by exposure to...more
In an opinion that may help clarify the jurisdictional and pleading requirements for plaintiffs seeking damages and injunctive relief for alleged injuries from vapor intrusion, the federal district court in Minnesota denied a...more
Litigators in the Firm’s Washington, DC office persuaded the Pennsylvania Supreme Court to grant an appeal in a tort case in which 34 plaintiffs allege that the land application of biosolids to farmland created a nuisance and...more
No. 12-0803 -- Texas Dep't of Aging & Disability Servs. v. Cannon -- The plaintiff brought a wrongful-death case against the department and department employees. The department moved to dismiss the employees, arguing that...more
On July 12, 2014, in Bostic v. Georgia Pacific Corp., No. 10-0775, a six-justice majority of the Texas Supreme Court issued a major decision on causation in asbestos cases. The Court held that the requirement to provide...more
Oregon’s 10-year statute of repose may now play a bigger role in environmental lawsuits in the wake of the U.S. Supreme Court’s ruling that the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA),...more
The Texas Supreme Court took what appears to be a middle ground in toxic tort cases involving exposure to the same substance from multiple sources. The Court rejected the “but for” standard advocated by the defendant, but...more
I recently co-authored an article for Law360 entitled “Cornell Ruling Is Cause for Experts’ Concern,” which covered the ruling by the New York Court of Appeals in Cornell v. 360 West 51st St. Realty, LLC (2014 NY Slip Op...more
As promised, on May 22, today’s post is a study of the personal injury issues raised by the defendants in Parr v. Aruba.
In this post we raise the question and discuss what the parties believe the answer should be....more
There is a scene in the movie 300 where King Leonidas greets the Persian messenger with, “Before you speak, Persian, know that in Sparta everyone, even a king’s messenger, is held accountable for the words of his voice.” ...more
On May 15, 2014, the First District Court of Appeal in California found that the trial court had erred in granting a nonsuit in favor of Pneumo Abex, LLC (Abex) in the asbestos personal injury action of Johnny Blaine Kesner,...more
On March 27, 2014, New York’s Court of Appeals issued a ruling reversing an Appellate Division decision and sustaining the lower court’s decision granting a defendant’s motion to dismiss the plaintiff’s complaint alleging...more
Causation is the crux of any toxic tort litigation. The Court of Appeals’ recent decision in Cornell v. 360 West 51st Street Realty, LLC, No. 16 (N.Y. Mar. 27, 2014) underscores that principle and revisits the causation...more
The Appellate Division recent held that the storage of home heating oil in an underground storage tank is not an abnormally dangerous activity. In Ross v. Lowitz, the plaintiffs, John and Pamela Ross, owned property that was...more
Over the last 30 years, state and federal courts have grappled with how best to address claims filed by plaintiffs who do not currently suffer from an actual injury or illness, but rather seek damages for their risk of...more
On the heels of the Court of Appeals’ landmark decision rejecting an independent cause of action for medical monitoring in Caronia v. Phillip Morris USA, on February 20, 2014, the Third Department decided Ivory v. IBM. Ivory...more
Catastrophic accidents often lead to claims for severe emotional distress including allegations of post-traumatic stress disorder (‘‘PTSD’’). Similarly, allegations of acute neuropsychological disorders and fear of cancer can...more
Pennsylvania’s intermediate appellate court recently affirmed an order granting summary judgment for Rohm and Haas (R&H) in a chemical exposure wrongful death action, finding the plaintiff’s expert’s opinion regarding...more
Court finds in Tooey that Pennsylvania Workers’ Compensation Act does not bar latent occupational disease lawsuits against employers.
On November 22, the Pennsylvania Supreme Court in Tooey et al. v. AK Steel Corp. et...more
Significant oil and gas exploration and development has occurred and continues to occur in South Texas. Whenever an injury, death, or environmental damage results from these operations, a defendant energy company have often...more
A Lone Pine order is a case management tool often utilized by courts in complex multi-party toxic tort cases to organize plaintiffs’ claims and to focus the parties on key issues early in the litigation. A Lone Pine order...more
In an opinion filed on Tuesday, August 20, 2013, the U.S. Court of Appeals for the 3rd Circuit held that the federal Clean Air Act (CAA) does not preempt common law tort claims grounded in state law and brought against a...more
During a trial, the jury and court below will hear the testimony of witnesses and observe their demeanor. Once the case is on appeal, the reviewing court is usually limited to reading transcripts that may or may not convey...more
Find a Personal Injury Author »
Back to Top