Personal Injury Updates

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Appellate Court Notes

Supreme Court Advance Release Opinions: SC19516 - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America...more

Homeopathic Teething Products Linked to Child Deaths, FDA Says

Belladonna is blamed for the deaths of 10 babies. The parents treated their teething phase with homeopathic teething products (gels and tablets) containing the natural substance. Another name for belladona is deadly...more

New Turbulence App May Prevent In-Flight Injuries

US aircraft experience 65,000 incidences of moderate to severe turbulence each year. Turbulence-related injuries range from minor cuts and bruises to fractures, broken bones, and serious spinal and head injuries. A flight...more

California Recreational Immunity Statute Applies to Shield Landowner from Liability for Injuries to Off-Premises Persons Not...

The California Court of Appeal, in a case of first impression, recently held that California's "recreational immunity" statute (Cal. Civil Code §846(c)) applies to shield landowners from liability where recreational users of...more

Supreme Court Update: Bosse V. Oklahoma (15-9173) And Order List

Greetings, Court Fans! Fresh from a three-day weekend, the Court made short work yesterday of its first decision of the term, a per curiam summary reversal in Bosse v. Oklahoma (15-9173). Though the case touched upon an...more

Measuring Brain Waves May Get Drowsy Drivers Off the Road

Drowsy driving is a huge problem on American roads. Some safety experts suggest that measuring brain waves could prevent drowsy driving among truckers....more

Recent Blows to the Use of Forced Arbitration Agreements by Florida Nursing Homes

The Florida Supreme Court and the Centers for Medicaid and Medicare Services (“CMS”) recently dealt two blows to the use of arbitration agreements by nursing homes for any disputes they may have with their residents in...more

Premises Liability

Victor M. Regalado v. Jeffrey M. Callaghan - Court of Appeal, Fourth Appellate District (September 22, 2016) - Generally, when employees of independent contractors are injured in the workplace, they cannot sue the...more

Motorcyclist Killed in Suspected Hit and Run

Hit and run accidents can happen to anyone, including motorcycle riders. Recently, a 60-year-old Pasadena man was killed in a motorcycle accident that officials believe involved a hit-and-run driver. According to the local...more

Are Waivers of Liability Enforceable in New York?

We have probably all seen them in the “fine print” at one time or another: waivers of liability, injury waivers, or pre-injury clauses we have to sign before taking part in some type of activity. Waivers of liability have...more

Non-delegable duties of architects and main contractors in construction claims - A case study of MCST Plan No. 3322 v Tiong Aik...

In MCST Plan No. 3322 v Tiong Aik Construction Pte Ltd and Another [2016] SGCA 40, the Singapore Court of Appeal (CA) held that architects and main contractors are not subject to a non-delegable duty in tort to ensure that...more

The Totality of Circumstances Test Used to Determine Foreseeability of Criminal Act

Unfortunately, criminal activity occurs at many retail and hospitality establishments. When a patron is attacked and suffers injury, the patron often looks to the establishment for compensation. The determination of whether...more

Avoid Uber-Liability By Restricting Ridesharing Services On Campus

It’s 4:30 p.m., school soccer practice has just ended, and 11-year old Cynthia calls her mom to pick her up at school. Her mom tells Cynthia that she is busy at work but has requested an Uber to pick her up. Just as she gets...more

Did You Know That Your Insurance May Not Apply If You Injure a Bike Rider Opening a Taxi Cab Door?

Did You Know That Your Insurance May Not Apply If You Injure a Bike Rider Opening a Taxi Cab Door? Take this scenario. You live in New York City. You get into a taxicab. You reach your destination. You open the...more

S. Dakota high court asked to pry open hospitals’ secret approval of brutal MD

South Dakota’s highest court has been asked to reject hospitals’ attempts to keep secret why a doctor, who also is a convicted burglar with a checkered medical past that could have easily been uncovered, passed a peer review...more

High Court of Australia unanimously decides against extension of time

High Court of Australia unanimously decides against granting time extension to an abuse victim in a case of extraordinary delay. In Prince Alfred College Inc v ADC [2016] HCA 37, the High Court of Australia has...more

Katz to Ankin PR Is Air Travel Still Safe?

With so many airline crashes in the news, one has to wonder if it’s safe to fly anymore. Despite the threat of terrorist attacks, bombs and mid-air explosions, the International Air Transport Association assures passengers...more

Overcharging for the Cost of Retrieving Medical Records

Woodland Hills personal injury attorney Barry P. Goldberg must obtain countless medical records for his clients in order to perfect and settle claims. The cost of retrieving these records has become prohibitive with the...more

Montana Court Enforces Oil and Gas Exploration Exclusion

In its recent decision in Palmer v. Northland Cas. Co., 2016 U.S. Dist. LEXIS 138556 (D. Mont. Oct. 5, 2016), the United States District Court for the District of Montana had occasion to consider the application of an oil and...more

The Learned Intermediary Rule in Consumer Protection Claims

We recently posted about a new California decision that was notable, in part, because it applied the learned intermediary rule to often-asserted (and equally often abused) California consumer protection statutes. See Andren...more

You Should Know - October 2016

“You Should Know” Risk and Prevention Guide - Opiate Drug Abuse, Deaths Soar Along with Drug Company Profits - In April, musician and icon Prince died in his home from an accidental overdose of the prescription...more

When It Comes to Liability, Whose User Generated Content Is It Anyway?

Hospitality industry stakeholders who host sites for online reviews or rely on review sites such as Yelp, Trip Advisor, Urban Spoon, or Oyster, may take comfort in the recent Ninth Circuit decision regarding the liability of...more

Car Accident Deaths on the Rise

Despite more safety equipment in cars, car crash deaths are rising in California and across the country. Crash death rates have been on the rise since 2014, with California experiencing a frightening increase of 31%....more

Cost of Proof Sanctions are Essential in Small and Moderate Size Cases

Woodland Hills personal injury trial lawyer Barry P. Goldberg has been filing more and more complaints on cases that previously were settled without trial. Because Mr. Goldberg has been refusing to accept “short money” on...more

Child Strollers Recalled Due to Safety Defect

CPSC Recalls Safety 1st Brand Strollers Because of Child Injury Risk - Is the stroller that you currently use safe? According to a recent article from ABC News, around 20,000 strollers have been recalled due to a “defect...more

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