"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?
Draft legislation currently before the UK parliament proposes some significant changes to existing trespass laws to facilitate the development and growth of the geothermal and shale-gas industries in the UK.
The duty of care owed by a builder to subsequent purchasers of a building has long been a source of contention. In a decision handed down on 8 October 2014, the High Court in Brookfield Multiplex Limited v Owners Corporation...more
An insured’s argument to broadly apply an exception to a pollution exclusion was recently rejected by the British Columbia Supreme Court in Whitworth Holdings Ltd. v. AXA Pacific Insurance Co., 2014 CarswellBC 2648, 2014 BCSC...more
As if a lecture at the Police Federation Conference from the Home Secretary wasn't enough, the police have also this week received the Court of Appeal's reading of the riot act. In a decision that opens the door for insurers...more
On Thursday, January 9, 2014, a major chemical spill into West Virginia’s Elk Rivet cut off water to more than 300,000 people in the Kanawha Valley and surrounding nine counties. The chemical leak was from a facility owned by...more
In Phillips v. Parmelee, 2013 WI 105 (December 27, 2013), the Wisconsin Supreme Court rejected the argument that a broad asbestos exclusion in a business insurance policy was ambiguous. A unanimous court ruled that a real...more
Despite the statement by the Texas Supreme Court in State Farm Lloyds v. Johnson that the scant precedent involving disputes about the scope of appraisal suggests that appraisals generally resolve such disputes,” both...more
The Nevada Supreme Court has addressed the economic loss doctrine in the context of commercial construction disputes in a number of cases over the past several years. Nevada’s general rule, as detailed below, is that the...more
In California, the economic loss rule addresses the distinction between suits in contract and tort. A contract claim can typically be pursued to recover all damages proximately caused by breach of contract, unless expressly...more
Last week, the California Court of Appeal for the Second District reversed a trial court’s decision which dismissed a tenant’s lawsuit against a shopping center landlord based on the disparity between estimates of certain...more
The recent judgment of the Supreme Court of New South Wales in Dymocks v Capral  NSWSC 343 held an architect and supplier liable for events that happened in 1989. This case is an important reminder that contracts...more
In its recent decision in Tower Ins. Co. of New York v. Blocker, 2013 U.S. Dist. LEXIS 98296 (M.D. Fla. July 15, 2013), the United States District Court for the Middle District of Florida had occasion to consider the scope...more
The recent wildfires raging through Colorado have once again proven tragic for our state. The 2013 wildfire season has already led to loss of life, property and, in many cases, revenue. For many, insurance will provide the...more
Three days of unusually heavy rainfall has caused extensive flooding in Alberta, Canada. Calgary, the epicenter of Canada’s energy industry, was particularly hard hit, with flooding of the city itself and widespread loss of...more
A Return to the Basics -
Reading, understanding and interpreting an insurance policy can get pretty complicated. Coverage, exclusions, definitions, notice requirements, time limits – every provision of a policy can be...more
I was in trial last month.
I couldn’t have asked for a better judge. Smart, fair . . . and witty.
During the pretrial conference, opposing counsel and I were arguing over whether there was a difference between...more
On Monday of this week, the Massachusetts’s Division of Insurance issued a bulletin mandating prompt investigation of business interruption, property damage and medical insurance claims by policyholders victimized by the...more
In an issue of first impression, and a rare opinion about insurance coverage, the Connecticut Supreme Court addressed whether an insurer has a duty to defend an additional insured when the complaint in the underlying personal...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
On January 16, the New Jersey Department of Environmental Protection (NJDEP) published its new guidance on vapor intrusion, including significant changes to the groundwater vapor intrusion screening levels....more
One of the most common items attorneys will put into a brief or a case presentation is an overhead map of the relevant area. Since the dawn of Google, attorneys have grown accustomed to copying and pasting the image of a...more
You own an business. During the holiday season a customer comes in your store and is physically assaulted and robbed by a third party. Are you, as the landowner, responsible? The answer: It depends on whether the criminal...more
Business owners routinely grant access to company facilities and property to third-parties for many reasons, from cleaning and organizing a warehouse to inspecting and repairing machinery. In the course of these business...more
In this issue:
Abolition of Distress... 1
Events and Announcements... 2
New Lawyers... 3
Transaction Focus... 7
Excerpt from Abolition of Distress:
The Ministry of Justice recently ended...more
In its recent decision in National Fire Ins. Co. of Hartford v. Federal Ins. Co., 2012 U.S. Dist. LEXIS 641 (N.D. Cal. Jan. 4, 2012), the United States District Court for the Northern District of California had occasion to...more
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