Read Personal Injury Law updates, news, and legal commentary from leading lawyers and law firms:
Who is responsible if I get hit and injured by a truck?
Supreme Court’s Recent ERISA Subrogation Ruling is Shortsighted, Makes Personal Injury Settlements More Difficult
Do you know the restrictions for a probationary driver in New Jersey?
Bleeding Deaths Linked to Pradaxa
GranuFlo and NaturaLyte Accused in Heart Attacks
Lawsuits Claim SSRIs Can Cause Severe Birth Defects
Dangers of Botulism with Botox
Hernia Patients in Pain as Skin Procedure Fails
What can I be compensated for after an accident injury that was not my fault?”
Car Accidents and the Things You Need to Know
Legal Minute - I was injured in a car accident as a passenger. Whom can I file a claim against?
Webinar: Investigating and Resolving Sexual Assaults on Campus
Monster Energy Drink Accused of Teen Death
Legal Minute with Sacramento wrongful death attorney, John Demas
Sacramento dog bite attorney- Legal Minute
Legal Minute: “Who Pays for my Expenses If I’m Injured By A Driver Who Doesn’t Have Auto Insurance?”
Lessons from Amusement Park Safety Concerns: An Integrated Approach to Business Regulation
As Greed Grows in Trucking Industry, Driver Fatigue Is a Problem Facing All Americans
Money Talks: Safe Places & Breach of Security (Part I)
Can you protect yourself from a hit and run accident and why do you need uninsured & under-insured motorist coverage?
In this week's post, we take a look at the recent Seventh Circuit case Judson Atkinson Candies, Inc. v. Kenray Associates, Inc. that held that parol evidence could be used to prove fraud in the inducement of a contract – a...more
What you need to know: A recent Massachusetts federal trial court ruling applied pro-rata allocation and continuous trigger to progressive injury claims arising from asbestos and toxic chemicals and metals....more
There has been a lot of talk amongst the plaintiff’s bar relating to Medicare Set-Asides (MSA*) and whether they are required when we recover money for a Medicare-eligible client. As one who takes a particular interest in...more
This week we take a look at the ability to discover documents from an insurance company's claim's file in an insurance bad faith claim through the recent Southern District of Indiana decision in Woodruff v. American Family...more
In This Issue: Barry Kurtz and Bryan Clements Featured in Bar Association Publications; Franchisor 101:Out of Control - Franchisor Not Liable For Franchisee's Negligence; and, Franchisee 101: Improper Termination May Be A...more
Virginia‘s 2013 General Assembly session has now concluded. A package of Tort Reform bills met with mixed results—some passing, and other’s failing. The bills that did pass (discussed below) will impact civil practice in...more
Today, the U.S. Supreme Court issued its ruling in U.S. Airways, Inc. v. McCutchen in which the Court unanimously ruled that a clearly drafted reimbursement clause will trump all equitable defenses....more
In the recent decision Kaiser Cement & Gypsum Corp. v. Insurance Company of the State of Pennsylvania 2013 Cal. App. LEXIS 269 (2nd Dist. April 8, 2013), the California Court of Appeal considered whether horizontal or...more
In its recent decision in N.H. Ins. Co. v. Hill, 2013 U.S. App. LEXIS 7204 (11th Cir. Apr. 10, 2013), the United States Court of Appeals for the Eleventh Circuit, applying Florida law, had occasion to consider whether an...more
The United States Supreme Court recently held that the Little Tucker Act does not waive the sovereign immunity of the United States in an action for damages alleging a violation of the Fair Credit Reporting Act (“FCRA”). The...more
In a recent decision likely to significantly expand the use of tort law in areas previously restricted to contract law, the Supreme Court of Florida limited application of the economic loss doctrine to product liability...more
For years, litigating breach of contract cases in Florida meant having to struggle with the array of cases dealing with the Economic Loss Rule. In its simplest form, the Economic Loss Rule is a judicially created principle...more
In the wake of Superstorm Sandy, the New Jersey Legislature is considering the passage of A370, which will enable policyholders to sue insurers for bad faith based on a single alleged violation of the New Jersey Insurance...more
A recent Florida Supreme Court ruling could open the door to unforeseen liabilities for individuals and companies entering into contracts governed by Florida law....more
The BP oil spill started with the April 20, 2010 explosion of the Deepwater Horizon offshore drilling rig. The failure of BP Oil to cap the spill promptly resulted in millions of barrels of crude oil being released into Gulf...more
In the case of 100 Investment Limited Partnership v. Columbia Town Center Title Co., the Maryland Court of Appeals was asked to determine whether a title company owed a tort duty of reasonable care to its customer, the...more
Title insurance companies can enforce exculpatory provisions in title insurance policies that exclude liability for tort claims based on a negligent title search performed by an agent, Maryland's highest court has ruled....more
NJ Appeals Court Holds New Jersey Businesses May Be Liable for Off-Site Injuries by Donald M. Pepe on January 22, 2013 The Appellate Division recently held that New Jersey businesses could be held liable for injuries...more
The California Court of Appeals January 3, 2013 decision in White v. Hollister Co. reversed and remanded the trial court’s opinion denying class certification to a class of consumers who claimed that defendant Hollister Co....more
This week we discuss the Indiana Supreme Court decision in Allen v. Clarian Health Partners, Inc., which held that uninsured patients were required to pay the chargemaster rates and not a reasonable rate. Our analysis focuses...more
Tobacco giant RJ Reynolds has been stung by a $1.3 million jury verdict for not warning a smoker during his teenage years that smoking is addictive and could cause cancer. William Champagne was born in 1950 and began...more
For the first time, the Superior Court of Pennsylvania has extended the protection of the implied warranty of habitability to the second or subsequent purchaser of a newly constructed home in Conway v. The Cutler Group, 2012...more
The Ontario Court of Appeal in its recent decision of Security National Insurance Company v. Markel Insurance Company, 2012 ONCA 683, has addressed a contentious area of law concerning who is responsible for paying an injured...more
We thought our readers would be interested in this case from Connecticut involving the state’s cap on self-insurers’ liability for un/underinsured motorists. Although the case came down from the Connecticut Supreme Court in...more
The California Court of Appeal recently determined that a contract clause limiting liability between parties was valid and prevented a food disinfection company from proceeding with its suit against a safety inspection...more
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