Personal Injury Civil Procedure

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City Slickers and Airplane Litigation: Fight or Flight: Theobald v. Piper Aircraft, Inc.

Sometimes venue challenges are successful. Sometimes the convenience of the lawyers is not the standard for judging the proper venue for a lawsuit. In Theobald v. Piper Aircraft, Inc., 208 So.3d 287 (Fl. 2016), Florida’s...more

City Slickers and Airplane Litigation: Fight or Flight: Theobald v. Piper Aircraft, Inc.

Sometimes venue challenges are successful. Sometimes the convenience of the lawyers is not the standard for judging the proper venue for a lawsuit. In Theobald v. Piper Aircraft, Inc., 208 So.3d 287 (Fl. 2016), Florida’s...more

Washington Supreme Court Holds That Punitive Damages May Be Awarded to a Seaman Under a General Maritime Law Unseaworthiness Claim

On March 9, the Washington State Supreme Court issued an opinion confirming the types of damages available to a plaintiff under a general maritime unseaworthiness claim, specifically determining that punitive damages are...more

Defamation and data protection claims can be brought in parallel

The English Court of Appeal has confirmed in a recent case that data protection claims may be brought hand-in-hand with defamation claims. The case provides a reminder to businesses that the use of data protection as a weapon...more

Defence & Indemnity - February 2017: IV. PRACTICE ISSUES B.

In an action by homeowners against a chimney sweep, it was held that deficiencies in the plaintiffs’ expert Investigation and reports deprived the court and the other trial experts from being able to determine what actually...more

Defence & Indemnity - February 2017: III. QUANTUM/DAMAGES ISSUES

A. Regarding the defence of inevitable accident due to a medical condition, certain circumstances give rise to a presumption that the defendant drove negligently and the defendant needs expert medical evidence that causally...more

Defence & Indemnity - February 2017: II. LIABILITY ISSUES

1. The Motions Judge (Dow, J.) set aside the Default Judgment awarding the Plaintiff thrown away costs of $10,000.00 and issued a publication ban on consent of all parties.   a. The Court summarized the factors to be...more

Texting and Driving – The Evolving Theories of Liability

Distracted driving has become one of the leading causes of motor vehicle accidents and fatalities in the United States. In 2014 alone, Pennsylvania saw more than 13,964 crashes involving a distracted driver, including 49...more

Court Rejects Overly Broad Request For Forensic Imaging Of Plaintiff’s Personal Computers

An Illinois appellate court has vacated a trial court’s order compelling the forensic imaging of several personal computers used by plaintiff, applying a balancing test that takes into account both the proportionality rule...more

Defence & Indemnity - February 2017: I. INSURANCE ISSUES A.

I. INSURANCE ISSUES A. Where an insurer has failed to afford a defence to its insured and the insured is successful in bringing proceedings to enforce the insurer’s obligations, the court can and will award the insured a...more

Blurred Lines: Texas Supreme Court Applies Hazy Distinction Between Workplace Harassment And Assault

The Texas Supreme Court recently blurred the distinctions between harassment and assault claims as they apply to employer liability under the state’s antidiscrimination statute. In considering whether a plaintiff is required...more

Compelled Vocational Examinations of Injured Plaintiffs are Not Permitted in California

Defendants litigating against personal injury claims in California cannot compel injured plaintiffs to submit to a vocational rehabilitation examination—even if the plaintiff has retained his or her own vocational expert to...more

Missouri Supreme Court Decision Will Impact Toxic and Mass Tort Cases

In a decision handed down Tuesday, February 28, the Missouri Supreme Court limited circumstances in which out-of-state corporate defendants will be subject to personal jurisdiction, rejecting two novel theories of specific...more

Defense has no Right to a Vocational Rehabilitation Examination

Woodland Hills personal injury attorney Barry P. Goldberg is a strong proponent of vocational rehabilitation for his injured clients that are no longer able to perform their jobs as a result of their injuries. In addition,...more

Texas Supreme Court Tosses Former Employee’s Defamation Suit Based on Matters of Public Concern Under the TCPA

Seyfarth Synopsis: The Texas Supreme Court throws out a former employee’s defamation suit under the Texas Citizens Participation Act, finding that communications about his alleged failure to measure a petroleum storage tank...more

Recent Child Pornography Conviction May Not Be Used to Impeach Injured Truck Driver

The Tennessee Court of Appeals, in Anderson v. Poltorak, No. M2015-02523-COA-R3-CV, filed December 29, 2016, has held that, although the plaintiff’s three (3) convictions for child pornography strictly qualified under Rule...more

Missouri Court of Appeals Holds Plaintiff Cannot Use Savings Statute to Revive Dismissed Lawsuit Brought by Improper Plaintiff

Love v. Piatchek, No. 103690 (November 8, 2016) The Missouri Court of Appeals, Eastern District, affirmed a trial court’s dismissal of a lawsuit as being time-barred. The court held that the plaintiff could not rely on...more

Texas High Court Allows Employee to Pursue Assault Claim Against Employer for Tortious Acts of “Vice Principal”

Seyfarth Synopsis: In a decision that is sure to increase the costs and complexity of litigation, the Texas Supreme Court recently held that a former employee’s common law assault claim was not preempted by the state’s...more

Court Allows Retired President to Pursue Claim of Contract for Lifetime Pay and Benefits Against University

On February 7, 2017, the U.S. District Court for the Eastern District of Kentucky ordered that the former President of the University of the Cumberlands, Dr. James Taylor, may proceed on his claims that the University failed...more

Social Media eDiscovery: Filter Needed

A ski trip with your fiancé results in a great photo of the two of you on a ski covered mountain; obviously, the picture is destined for your Facebook page. This picture may be used for more than to show off your good time...more

Litigation Tourism Ended In Missouri

If we’d learned about State ex rel. Norfolk Southern Railway Co. v. Dolan, No. SC95514, slip op. (Mo. Feb. 28, 2017) (“NSRC”), earlier, this would have been a breaking news post – but make no mistake about it, this is big...more

South Carolina court says 'NO' to employee's claims against Boeing

Employees and their counsel have been very aggressive in attempting to couch employment claims as state-law matters and filing claims in state court instead of federal court to try to avoid the federal judiciary. For various...more

Texas Supreme Court Confirms Broad Scope of Anti-SLAPP Law

Back in late 2015, I wrote a five-part series on the Expanding Scope of the TCPA or Texas’ Anti-SLAPP law. The Supreme Court of Texas confirmed our analysis last week with its decision in the ExxonMobil v. Coleman confirming...more

Frequently Asked Questions About Wrongful Death

The state of California, like other states, has its own version of a wrongful death statute. While many people confuse wrongful death with cold-blooded murder, in fact, a wrongful death happens due to the negligence or...more

Statute of Repose Bars Maryland Claims Arising From Exposure to Contaminated Fill

Exemplifying the power of the statute of repose as a defense to claims based on decades-old conduct under Maryland law, the Fourth Circuit held that claims stemming from hazardous improvements to real property were barred by...more

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