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 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
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
Royal Oakes was quoted extensively in an Oct. 7, 2013, Claims Journal article, California Court Of Appeals Decision Provides Reasoning Behind Punitive Damages Calculations, about a significant insurance case where $19 million...more
Car accidents are devastating. Many victims are disorientated after an auto accident. In most cases, there is noticeable damage to the vehicles involved. Sadly, there may also be serious or fatal injuries to those...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
Tomorrow morning, the Illinois Supreme Court will hear oral arguments in Rogers v. Imeri. Rogers poses the question when the Dramshop Act recovery cap applies and other defendants have settled, how is the maximum exposure of...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
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
In U.S. Airways, Inc. v. McCutchen, the US Supreme Court recently considered whether certain equitable defenses override the terms of a welfare plan in a plan fiduciary's suit for reimbursement under §...more
Getting Over the Bar: Second Circuit Requires Actual Payment of Underlying Limits In Order to Trigger Excess D&O Policies -
In June, the Second Circuit held that two Federal Insurance Company ("FIC") excess D&O...more
Automobile liability insurers in Alberta have long been permitted to offer advanced payments to injured claimants in part settlement of claims without admitting that the insurer or its insured has any liability. This bulletin...more
When a mother stays home from work to care for her child who has been injured in a car accident, is she to be compensated only for the hours she has lost at work, or is the accident benefits insurer required to pay her for...more
Effective July 1, 2013, Florida’s Medicaid Third-Party Liability Act now provides a mechanism for recipients of Medicaid to challenge the amount they must reimburse Florida’s Agency for Healthcare Administration (AHCA) after...more
Last year, we wrote about the effect the new personal injury protection (PIP) law would be likely to have on a number of key players: insurance companies, law enforcement, Florida citizens, lawyers, and certain health care...more
An insurer who refuses to participate in a mediation requested by a plaintiff in respect of a motor vehicle accident claim continues to risk increased exposure to costs. The Ontario Court of Appeal recently repeated that...more
Many people who are injured in a car accident for the first time do not know where to go to ensure that they have the medical coverage they need to recover from their injuries. ...more
In a case of first impression, Barnes v. Western Heritage Ins. Co., ___ Cal.App.4th ___, 2013 Cal.App.LEXIS 480 (June 20, 2013), the California Court of Appeal, Third Appellate District, held the collateral source rules allow...more
An interesting decision was released by Ontario Superior Court Justice B. Glass on May 31, 2013 relating to an insurer’s duty to defend....more
Barnes v. Western Heritage -
Court of Appeal, Third District (June 18, 2013)-
Often, a policy of liability insurance (auto or general liability) will have a separate provision providing for medical payments under...more
The Supreme Court of Florida recently blurred the lines between contract and tort law in a case involving breach of contract and negligence claims between an insured and its insurance broker. The Court used this vehicle to...more
The 2013 Florida legislature wasted no time responding to the March 20 Supreme Court opinion in Wos v. E.M.A., 568 U.S. __ (2013)....more
In State Farm Mutual Automobile Insurance Co. v. Huff, 2013 DJDAR 7379 (2013), the California Court of Appeal for the Fourth Appellate District decided a novel fee case in the medical context, referencing standards used to...more
In Quest Diagnostics v. Bomani, et al., 11-CV-00951 (D. Conn., June 19, 2013), the court granted Quest Diagnostic’s (“Quest”) motion for summary judgment, ruling that Quest, as the fiduciary to its self-insured medical plan,...more
This week's discussion looks at the potential timing limitations that can impact a claim filed against a defendant who has deceased. The discussion is done in the confines of Indiana's Probate Code and the recent Indiana...more