"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?
In Riverview Condo, Ass’n v. Cypress Ventures, Inc., 266 Ore. App. 574 (Or. Ct. App. 2014), the Oregon Court of Appeals clarified application of the statute of repose and statute of limitations in the context of a suit...more
Many readers will be aware of the Full Federal Court decisions of Wealthsure Pty Ltd v Selig  FCAFC 64 and ABN AMRO Bank NV v Bathurst Regional Council  FCAFC 65, which are in conflict as to how proportionate...more
On January 15, 2015, the Pennsylvania Superior Court in Bair v. Manor Care of Elizabethtown, PA, LLC 2015 Pa. Super. 9 (2015) ruled that a nursing home arbitration agreement was not enforceable when the facility did not sign...more
On December 19, 2014, the Federal District Court in Wyoming issued a decision in Lexington Insurance Company v. Precision Drilling Co., LP, et al. , D. Wyo., Case No. 12-cv-070-J, extending the reach of the anti-indemnity...more
Professional consultants and sub-consultants provide essential services to a Project during its planning, design, construction, and acceptance. In some jurisdictions, they enjoy protections from liability for “economic...more
Under the Motor Carrier Act of 1980 ("the Act"), no motor carrier shall operate a motor vehicle unless the carrier has obtained minimum levels of financial responsibility through insurance or other forms for bodily injury or...more
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
California Rule of Court 8.548 permits the Ninth Circuit to certify questions of California state law to the California Supreme Court. On average, this happens a handful of times per year. Over the past five years, the...more
In the closing days of its November term, the Illinois Supreme Court agreed to review a decision from Division 5 of the First District with potentially significant implications for developers: Henderson Square Condominium...more
A recent ruling by Federal District Judge Paul Magnuson will permit most of the consumer claims in the Target data breach litigation to survive Target’s motion to dismiss. This most recent ruling follows on the heels of the...more
Stanford v. National Grange Ins. Co., Civil Action No. 11-7144 (E.D. Pa. Nov. 3, 2014).
Eastern District of Pennsylvania grants insurer’s motion for summary judgment on bad faith claim in dispute over payment of...more
On December 15, 2014, the Supreme Court of Pennsylvania held, in a 5-1 decision, that bad faith claims brought pursuant to 42 Pa. C.S. § 8371 may be assigned by an insured to an injured third party under Pennsylvania law. See...more
On December 18, 2014, the U.S. District Court for the District of Minnesota ruled, in a 46-page opinion, that a putative class of consumers could proceed with a majority of their claims against Target arising from the data...more
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
In a much anticipated decision, a United States District Court in Minnesota denied Target’s attempt to dismiss financial institutions’ putative class action claims relating to losses they suffered as a result of last year’s...more
In the closing days of its November term, the Illinois Supreme Court agreed to decide an issue of considerable importance for Illinois’ car rental industry: can a self-insured car rental company be held liable without...more
Christina Elliott v. Geico Indemnity Company -
Court Of Appeal, Third Appellate District (November 19, 2014)-
In California, Uninsured Motorist (“UM”) Coverage and Underinsured Motorist (“UIM”) Coverage are...more
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
A recent opinion from the Connecticut Supreme Court illustrates that HIPAA is not the only law that covered entities and business associates must worry about if an unauthorized disclosure of protected health information (PHI)...more
In its recent decision in Nesmith v Allstate Ins. Co., 2014 NY Slip Op 08217 (N.Y. Nov. 27, 2014), the New York Court of Appeals – New York’s highest court – had occasion to revisit the application of “non-cumulation” clauses...more
In Graciano v. Mercury General Corporation, 2014 Cal. App. LEXIS 1028 (Cal. App. Oct. 17, 2014), the California Court of Appeal had occasion to consider whether an insurer may be held liable for bad faith for unreasonably...more
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
Shaffer v. State Farm Mut. Auto. Ins. Co., No. 1:13-CV-01837, 2014 WL 5325340 (M.D. Pa. Oct. 20, 2014).
Court grants summary judgment to insurer where lengthy investigation was required to determine causation for UIM...more
Cadle v. Geico Gen. Ins. Co., No. 6:13-CV-1591-ORL-31G, 2014 WL 4983746 (M.D. Fla. Oct. 6, 2014).
Middle District of Florida finds that insured’s bad faith claim for first-party failure to settle could not properly be...more
In Elliott v. GEICO (No. C072129, filed 11/19/14), a California appeals court held that an explanation of benefits form supplied with a motorcycle policy did not become part of the policy or expand the statutorily authorized...more
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