Personal Injury Civil Remedies

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(Baby) Food for Thought: In Alleging Unlawful and Misleading Product Labeling, Plaintiff Needed More Than One Gerber Baby

Last month, Judge Lucy H. Koh of the Northern District of California granted summary judgment in favor of Gerber because the plaintiff failed to satisfy the “reasonable consumer standard” in backing up her allegations that...more

High Court to clarify proportionate liability

Many readers will be aware of the Full Federal Court decisions of Wealthsure Pty Ltd v Selig [2014] FCAFC 64 and ABN AMRO Bank NV v Bathurst Regional Council [2014] FCAFC 65, which are in conflict as to how proportionate...more

Justice Department Settlement Casts Doubt on Mandatory Medical Leave - Universities Should Be Well Trained in ADA Compliance and...

On Jan. 12, 2015, the U.S. Department of Justice announced a settlement with Quinnipiac University, a private institution located in Connecticut, to resolve allegations that the university violated the Americans with...more

Michigan Protects Employers from Negligent Hiring and Retention Claims

On January 1, a new Michigan law took effect to protect companies that hire ex-offenders who go on to cause damage or injury during the course of their employment. Louisiana, Georgia, Tennessee, and Texas recently passed...more

Does the Ebola-free Nurse Doll Raise a Right of Publicity Claim?

In general, a right of publicity is a right to control use of your name, likeness, and other aspects of your identity. Right of publicity laws normally give an individual the exclusive right to license the use of their...more

The Defamation Act 2013: To sue or not to sue?

The Defamation Act 2013 (“the Act”) reformed the law relating to slander and libel in England. It was heralded by a Justice Minister as “the end of a long and hard fought battle to ensure a fair balance is struck between the...more

Pennsylvania Supreme Court Formally Adopts “Gist of the Action” Doctrine

Pennsylvania’s “gist of the action” doctrine prohibits plaintiffs from pursuing tort claims for what are, in actuality, breach of contract claims. A variety of defendants, including those in the financial services industry,...more

District Court in Louisiana Nixes “Bystander Damages” for Relatives of Asbestos Victims

In Comardelle v. Pennsylvania General Insurance Company et al., 2014 WL 5762841, the United States District Court for the Eastern District of Louisiana denied a claim for “bystander damages” allegedly resulting from the...more

California Appellate Court Upholds Bar to Liability by Premises Owners for Secondary Exposure

In Wanda Beckering v. Shell Oil Company, 2014 WL 6611088, the Second District of the California Court of Appeal affirmed the granting of summary judgment in favor of defendant Shell Oil Company, finding that the plaintiff was...more

Discussions Continue on Anti-Bullying Legislation

On December 8, 2014, the Senate Labor Committee met to discuss the Healthy Workplace Act (S280), a bill that would prohibit bullying in the workplace. We previously addressed this bill in our January 2014 issue when it was...more

California Court of Appeal Holds the Six Month Time Limitation for Government Claims Was Extended When Parents of Molestation...

In J.P. v. Carlsbad Unified School District, the California Court of Appeal for the Fourth District found that CUSD could not assert that government claims were untimely when CUSD prevented the parents of molestation victims...more

It's Not the Crime, It's the Cover-Up: Equitable Estoppel in Construction Defect Claims

More than 20 years ago, the Watergate scandal taught us “it’s not the crime, it’s the cover-up” that does the damage. The ensuing decades have brought a steady stream of individuals and companies that had to learn the truth...more

Assign Away: Pennsylvania Supreme Court Says Bad Faith Claims May be Assigned

On December 15, 2014, in the case of Allstate Prop. & Cas. Ins. Co. v. Wolfe, No. 39 MAP 2014, slip op. at 1 (Pa. Dec. 15, 2014), the Pennsylvania Supreme Court ruled that an insured may assign a statutory bad faith claim...more

A Judgment Cannot Not Lie Against Attorney Who is a Non Party

In Suarez v. City of Corona, 2014 DJDAR 12101, the California Court of Appeal for the Fourth Appellate District decided an interesting case concerning the interpretation of California Code of Civil Procedure Section 1038....more

Staffing Companies Hit with Class Action Alleging Violation of Fair Credit Reporting Act

Fair Credit Reporting Act class actions remain on the rise. The latest one of note was recently filed in Maryland federal court against staffing agencies Aerotek, Inc. and Allegis Group, Inc., alleging that they violated the...more

Supreme Court to Clarify the Liability of Canadian Corporations for Acts of their Foreign Affiliates

The Supreme Court of Canada today heard argument in a case that will clarify whether a judgment obtained in a foreign country against a foreign corporate entity can be enforced in Canada against a Canadian affiliate of that...more

Supreme Court Decides Warger v. Shauers

On December 9, 2014, the U.S. Supreme Court decided Warger v. Shauers, No. 13-517, holding that Rule 606(b) of the Federal Rules of Evidence bars a federal court from considering evidence of a juror's comments during...more

Illinois Supreme Court Agrees to Decide Whether Fees Must be Deducted From Health Care Settlements Before Applying Liens

In the final days of its November term, the Illinois Supreme Court allowed a petition for leave to appeal in McVey v. M.L.K. Enterprises, LLC. McVey, a case from the Fifth District, presents the following question: must...more

Commission publishes Private Antitrust Damages Directive

On 5 December 2014 the Commission’s Directive on rules governing actions for damages for infringements of competition law (the Damages Directive) was published. Member States will now have two years plus twenty days (until...more

Womble Client Wins Stormwater Case in Charlottesville

Another victory in Central Virginia for Womble Carlyle. Last week, Albemarle County Circuit Court Judge Cheryl Higgins ruled in favor of the Shops at Stonefield (also known as Albemarle Place), finding the stormwater...more

Global HR Hot Topic—December 2014: Overseas Business Travel Liability and the Duty of Care in Times of Ebola

As of late 2014, the United States faced no Ebola pandemic whatsoever. The odds of catching Ebola in an American workplace remained statistically zero. Only a handful of Ebola cases had made their way to the United States,...more

Status Updates - December 2014

Between a lock and a hard place. Should search engines be responsible for verifying the legitimacy of the companies they include in their search results? A locksmith in Lorton, Virginia, is claiming that they should. Mark...more

Liability For Stolen Goods: A Four Thousand Year Old And Still Unsolved Problem

Suppose a businessman purchases inventory from a warehouse and then resells it. Suddenly, the owner of the goods appears and seeks compensation for her goods on the basis that the warehouse had converted the goods. The...more

Does French law recognise a duty to mitigate?

Introduction - On 2 July 2014, the 1st Civil Chamber of the French Cassation Court reaffirmed that a tortfeasor is liable for all consequences resulting from his or her tort. The victim of the tort has no duty to...more

Pharmacy Liable for Employee’s Illegal Peek at Customer Prescription Records

In what’s being touted as a national precedent, the Indiana Court of Appeals upheld a $1.4 million trial court verdict for a Walgreens customer whose prescription information was leaked by a pharmacist to a third party. This...more

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