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)
In the first Maria Auqui v. Seven Thirty One Limited Partnership et al. (Auqui) decision earlier this year (February 14, 2013), the Court of Appeals held that when a Workers' Compensation Board (WCB) decision sets forth the...more
In its recent decision in Capitol Specialty Ins. Corp. v. IKO, Inc., 2013 U.S. Dist. LEXIS 167933 (E.D. Ky. Nov. 26, 2013), the United States District Court for the Eastern District of Kentucky had occasion to consider...more
When a client has obtained a defense verdict, judgment or arbitration award, they will frequently ask what recourse they have to recover attorney’s fees and costs obtained in defending against the claims. In California,...more
In an issue of first impression in Texas, the state’s highest court will hear arguments in December 2013 in a case involving a party’s claim to recover stigma damages following the cleanup of environmental contamination to...more
In In re NCAA Student-Athlete Name & Likeness Licensing Litigation, 2013 U.S. Dist. LEXIS 160739 (N.D. Cal. Nov. 8, 2013) (Wilken, J.)., the Court certified a class of current and former student-athletes seeking injunctive...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
On October 15, 2013, the Florida Supreme Court accepted review of a case to decide whether the retroactive application of the cap on noneconomic damages for certain medical malpractice cases found in section 766.118, Florida...more
The purpose of this paper is to provide a general overview of the tort and the Statutory Accident Benefits Schedule – Effective September 1, 20101 (“SABS”) systems that apply to personal injury motor vehicle litigation. It...more
The New Jersey Appellate Division has held that an individual retained to serve as an arbitrator cannot act as a mediator and then return to the role of arbitrator.
The New Jersey Supreme Court has held that “if the parties to mediation reach an agreement to resolve their dispute, the terms of that settlement must be reduced to writing and signed by the parties before the mediation comes...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
In Klutschkowski v. Peacehealth, et al., No. 160615518 (Ore., Sept. 26, 2013), the Oregon State Supreme Court unanimously held that an Oregon statute capping non-economic damages at $500,000 was unconstitutional as applied to...more
This week's discussion focuses on the concept of strict liability for unreasonably dangerous activities as seen through the Indiana Court of Appeals case Fechtman v.s U.S. Steel Corp. that held the dumping of carbon monoxide...more
With the Illinois Supreme Court asking somewhat fewer questions than it generally does, it was unclear how the Court might decide Rogers v. Imeri, the Dramshop Act case the Court heard last week.
Rogers arises from...more
The economic loss doctrine generally holds parties to the benefits, burdens and obligations set out in their contracts and bars tort claims such as negligence, misrepresentation and theft for purely economic loss when a...more
On September 3, 2013, in Lone Star Nat'l Bank N.A. v. Heartland Payment Sys., Inc., the U.S. Court of Appeals for the Fifth Circuit held that "the economic loss doctrine under New Jersey law does not preclude the Issuer...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
The California Court of Appeal, in a 2-to-1 decision, has reaffirmed the constitutional limitations on the amount of punitive damages a jury may award against an insurer. In Nickerson v. Stonebridge Life Insurance Company,...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
The second post of the day focuses on the Indiana Supreme Court's rejection of the very duty doctrine and application of the comparative fault act to criminal intentional torts in Santelli v. Rahmatullah....more
This first of two posts today addresses the Indiana Supreme Court decision to reinstate the case in Schoettmer v. Wright despite the plaintiffs having failed to file proper timely notice under the Indiana Tort Claims Act...more
A common question I get is whether North Carolina follows joint and several liability. The answer is “Yes.” (See…lawyers don’t always answer with: ”it depends”)....more
Exxon Mobil Corp. must pay up, so said a three judge panel of the Second Circuit late last month. Opening the door to a flood of litigation concerning the gasoline additive MTBE, the Second Circuit affirmed a jury verdict...more
This week we talk about the Indiana Supreme Court decision Miller v. Dobbs that held, for purposes of the statute of limitations, that a medical malpractice action is filed with the Department of Insurance when the complaint...more
On July 28, 2013, Washington’s version of the Uniform Correction or Clarification of Defamation Act will take effect. Designed to give incentives to publishers and prospective libel plaintiffs to settle their disputes before...more