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To Hell With “Oh, Hell, Why Not” – The Fifth Circuit en banc Reverses Estis v. McBride Well Service, L.L.C.

In a much anticipated ruling, the Fifth Circuit en banc has reversed the original panel ruling in Estis v. McBride Well Service, L.L.C., 731 F.3d 505 (5th Cir. 2013), which sent shockwaves through the maritime bar and...more

Eleventh Circuit Affirms Dismissal of Injury Claim in Airline Bumping Case

The ruling by the U.S. Court of Appeals for the Eleventh Circuit in Campbell v. Air Jamaica, Ltd. is a favorable one for the aviation industry. The court confirmed that non-economic damages, including emotional distress and...more

Out Of The Extraordinary: The Court Of Appeal's Judgment In Huzar V Jet2.Com

Court of Appeal hands down judgment on the meaning of "extraordinary circumstances" in the case of cancellation or delay arising out of technical faults pursuant to EC Regulation 261/2004 - It is somewhat regrettable...more

5 Steps to Take Immediately After a Car Accident

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

NY State Appellate Court Sides with Airlines, Dismisses Tarmac Delay-Related Claims

The Second Department in Biscone v. JetBlue Airways Corporation recently dismissed airline passengers’ tort claims against an airline based on the failure to provide food, water and facilities during an 11-hour tarmac delay,...more

Atkins v. SMART

Michigan Supreme Court Overturns Court of Appeals and Rules Claims Against Public Transportation Authority Were Barred by...

I argued this case for SMART in the Supreme Court on March 7th, 2012 on my application for leave to appeal. Rather than grant, the Court issued an opinion in favor of SMART, reversing the Court of Appeals decision, which I...more

Based On Economic Loss Rule and Consequential Damages Clause, Supreme Court Holds That Plaintiff Had No Tort Claim

In El Paso Marketing, L.P. v. Wolf Hollow I, L.P., the Texas Supreme Court decided that the economic loss rule and a consequential damages clause eliminated a power plant owner’s claim against a pipeline company for...more

Transportation, Distribution and Logistics Alert Newsletter -- July 2012: Recent Cases Illustrate Possibility of Substantial...

Since the Schramm v. Foster, 341 F.Supp.2d 53 (D. Md. 2004), transportation companies have been aware of the possibility of suits and verdict against transportation brokers. This is significant because many carriers also...more

6 Reasons to Hire Personal Counsel

Many small to medium-sized business purchase commercial general liability insurance or some other type of business insurance to protect the business against claims or lawsuits. In exchange for premium payments by the...more

Crockford v. Spencer, et al

Plaintiff's Memorandum in Opposition to Partial Motion for Summary Judgment

This Memorandum of Law was filed in opposition to the defendants' Motion for Partial Summary Judgment in a trucking accident case. The defendants sought summary judgment as to our claims of recklessness. The case involved a...more

NJ Supreme Court Rules Person Convicted of DWI can Sue Bar for Own Personal Injuries

As previously reported, the Appellate Division ruled that a drunk driver who is involved in an accident can sue a tavern, which allegedly over-served him, for personal injuries. At issue in this case is a provision of the...more

What Does That Sign Say? No Coverage for Defective Street Signs

U.S. District Court for the Western District of Texas In Admiral Ins. Co. v. H&W Indus. Services, Inc., 2011 WL 318277 (W.D. Tex. February 1, 2011), the U.S. District Court for the Western District of Texas held that a...more

Kryzanoski v Kaule

Michigan Court of Appeals Applies McCormick v Carrier Retroactively to "Serious Impairment" Claims

In this decision (attached) and another one, Casey v Stachlewitz, Unpublished Decision of the Michigan Court of Appeals, February 22, 2011 (Docket No.295835), the Michigan Court of Appeals has applied the Michigan Supreme...more

More On ICBC Claims And Accelerated Depreciation

Article by BC Personal Injury and ICBC Claims lawyer Erik Magraken discussing claims for "accelerated depreciation" of vehicles following motor vehicle collisions in British Columbia. DISCLAIMER This article is authored...more

More On ICBC Claims And Hit And Run Lawsuits: The “Reasonable Efforts” Requirement

Article by BC Injury Claims Lawyer (ICBC Injury Claims Lawyer) Erik Magraken discussing lawsuits against ICBC for compensation as a result of injuries sustained in hit and run collisions and the "reasonable efforts"...more

DWD: Driving While Distracted - The New DUI

DWD (aka Driving While Distracted) is the new DUI -- commonplace and deadly. In this article, John Elliott Leighton discusses the scop eof the problem, legal remedies, and societal deterrents to this behavior. In what has...more

Resort Torts: Vacation, Resort and Recreational Liability

Resort Torts: Vacation, Resort and Recreational Liability is the publication following John Elliott Leighton's 2nd Annual Resort Tort seminar in Miami, Florida. The seminar, moderated by Brenda Shapiro, Esq., focuses on...more

Nuculovic v SMART et al.

Court of Appeals Upholds Application of Statutory Notice Provision Barring Claim Against Governmental Entity

Nuculovic v. Johnny Dean Hill and SMART Bus, Inc., 287 Mich App 58; 783 NW2d 124 (2010). Representing defendant, the Suburban Mobility Authority for Regional Transport (SMART) and its driver, Mr. Tucker prepared a brief in an...more

Resort Torts - Identifying Deadly Dangers for Tourists

Article authored by John Elliott Leighton on identifying Resort Torts -- those injuries as a result of vacation, leisure and transportation activities. Published in the South Floridfa Legal Guide in 2009....more

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