Civil Sexual Assault Episode 6: Changes in the area of Civil Sexual Assault
Civil Sexual Assault Episode 5: Assessing Sexual Assault Claims
Civil Sexual Assault Episode 4: Challenges Facing Institutions Subject to Sexual Abuse Claims
The Integrated and Coordinated Approach to Title IX Compliance
Hailey French’s Story – When millions barely cover the bills.
Civil Sexual Assault Episode 3: Challenges Facing Survivors Seeking Redress Through the Civil Courts
The Keys to Assessing Sexual Abuse Claims - Civil Sexual Assault Episode 2
Civil Sexual Assault: Options for Redress
What happens if more than one person is responsible for an accident?
Catastrophic Impairment: What it means and why it's important to you if you've been hurt in a car accident
What is Subrogation and How Does it Affect Settlement Amounts?
Superman's Legal Duty
Gene Grabowski on Pharmaceutical & Medical Devices
Best Practices: Institutional Response to Sexual Misconduct (Podcast)
What Money Damages Are Available In A Personal Injury Claim?
Do you know the restrictions for a probationary driver in New Jersey?
Car Accidents and the Things You Need to Know
Webinar: Investigating and Resolving Sexual Assaults on Campus
Lessons from Amusement Park Safety Concerns: An Integrated Approach to Business Regulation
Money Talks: Safe Places & Breach of Security (Part I)
On March 27, 2014, New York’s Court of Appeals issued a ruling reversing an Appellate Division decision and sustaining the lower court’s decision granting a defendant’s motion to dismiss the plaintiff’s complaint alleging...more
Causation is the crux of any toxic tort litigation. The Court of Appeals’ recent decision in Cornell v. 360 West 51st Street Realty, LLC, No. 16 (N.Y. Mar. 27, 2014) underscores that principle and revisits the causation...more
The Appellate Division recent held that the storage of home heating oil in an underground storage tank is not an abnormally dangerous activity. In Ross v. Lowitz, the plaintiffs, John and Pamela Ross, owned property that was...more
Over the last 30 years, state and federal courts have grappled with how best to address claims filed by plaintiffs who do not currently suffer from an actual injury or illness, but rather seek damages for their risk of...more
The preconception tort is essentially any tortious conduct occurring prior to a child’s conception that results in harm to the child. This type of claim, which has been recognized in California since 1982, can cover all...more
On the heels of the Court of Appeals’ landmark decision rejecting an independent cause of action for medical monitoring in Caronia v. Phillip Morris USA, on February 20, 2014, the Third Department decided Ivory v. IBM. Ivory...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
Catastrophic accidents often lead to claims for severe emotional distress including allegations of post-traumatic stress disorder (‘‘PTSD’’). Similarly, allegations of acute neuropsychological disorders and fear of cancer can...more
Pennsylvania’s intermediate appellate court recently affirmed an order granting summary judgment for Rohm and Haas (R&H) in a chemical exposure wrongful death action, finding the plaintiff’s expert’s opinion regarding...more
Court finds in Tooey that Pennsylvania Workers’ Compensation Act does not bar latent occupational disease lawsuits against employers.
On November 22, the Pennsylvania Supreme Court in Tooey et al. v. AK Steel Corp. et...more
Significant oil and gas exploration and development has occurred and continues to occur in South Texas. Whenever an injury, death, or environmental damage results from these operations, a defendant energy company have often...more
A Lone Pine order is a case management tool often utilized by courts in complex multi-party toxic tort cases to organize plaintiffs’ claims and to focus the parties on key issues early in the litigation. A Lone Pine order...more
In an opinion filed on Tuesday, August 20, 2013, the U.S. Court of Appeals for the 3rd Circuit held that the federal Clean Air Act (CAA) does not preempt common law tort claims grounded in state law and brought against a...more
During a trial, the jury and court below will hear the testimony of witnesses and observe their demeanor. Once the case is on appeal, the reviewing court is usually limited to reading transcripts that may or may not convey...more
A man and his son-in-law were killed in an oilfield-related accident recently one mile northeast of Clafin, Kansas. The man was fixing a leaky valve and asked his son-in-law to bring him additional parts. Unfortunately, both...more
U.S. tort costs increased by 5.1 percent in 2010, according to the 2011 Update on U.S. Tort Cost Trends, published by Towers Watson. The BP Deepwater Horizon rig explosion and oil spill in April 2010 was the largest...more
The old warning that “past performance is no guarantee of future results” apparently applies not only to investments but also to environmental nuisance suits in Tennessee. ...more
In an Independence Day gift to plaintiffs, the Colorado Court of Appeals ruled in Strudley v. Antero Resources Corp., No. 12CA1251 (July 3, 2013), that Colorado law does not allow pre-discovery Lone Pine orders, often used by...more
When plaintiff receives a demand for a physical examination he or she have 20 days after the service of the demand to serve their response. More likely than not, plaintiff counsel is going to allow the plaintiff to submit to...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
In 2009, Oklahoma joined the list of states attempting to curb “lawsuit abuse” by passing the Comprehensive Lawsuit Reform Act of 2009 (CLRA of 2009). Arguably the most sweeping legislation affecting the practice of law in...more
Delaware Bankruptcy Judge Judith Fitzgerald in the bankruptcies of Specialty Products Holding Corp. (a/k/a RPM, Inc.) and Bondex International, Inc. rejected the Debtors’ “novel” claim estimation approach that reduced from...more
On March 5, 2013, the First District Appellate Court of Illinois ruled in John Crane, Inc. v. Admiral Ins. Co., 2013 IL App (1st) 093240-B that excess and umbrella insurers covering asbestos-related injury claims are jointly...more
After years of litigation, BP Exploration & Production, Inc. and BP America Production Company (collectively, "BP") entered a class-wide settlement ("BP Settlement") that covers most businesses located in the Gulf Coast...more
In most personal injury actions the plaintiff is served with a Notice for an Independent Medical Examination. It has become so commonplace that no one really thinks twice about the demand. However, there are a few...more
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