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Alabama Supreme Court Reaffirms That Plaintiffs Who Use Generic Drugs Can Recover From Brand-Name Manufacturers

On August 15, 2014, the Alabama Supreme Court held for the second time in Wyeth v. Weeks, No. 1101397 (Ala. 2014) that a plaintiff who took only the generic version of the heartburn medication Reglan could nevertheless...more

Florida Court finds Workers' Compensation Statute Unconstitutional

Circuit Judge Jorge E. Cueto of the 11th Judicial Circuit in and for Miami-Dade County, Florida has found that Section 440.11 of Florida's Workers' Compensation Act (the "Act"), which makes the Act the "exclusive" remedy...more

Who Can File a Wrongful Death Lawsuit in California?

A "wrongful death" claim exists when a person dies as a result a negligent, careless, intentional, or reckless act of another person or entity. In other words, when your loved one dies due to the fault of another person or...more

West Virginia High Court Examines Number Of Occurrences Under Liability Insurance Policy

This year, the Supreme Court of Appeals of West Virginia issued an important decision concerning whether a carbon monoxide leak is a single or multiple occurrence under a liability insurance policy. Kosnoski, et al. v....more

Seeking Compensation for Catastrophic Injuries in California

Although some effects of a catastrophic injury may be only temporary, others may linger for the remainder of the victim’s life. Fortunately, in the event of a life-changing injury, it is possible for a victim to seek and...more

Architects and Design Professionals Can Be Held Liable for Defects Based On Third Party Claims

A homeowners association, on behalf of its members, sued a condominium developer and various other parties for construction design defects that allegedly made their homes unsafe and uninhabitable for a significant portion of...more

New Wave of State Law Air Pollution Torts?

The U.S. Supreme Court’s denial of certiorari in Bell v. Cheswick could pave the way for more state common law air pollution tort suits and greater exposure for emitters. A new wave of state common law air pollution...more

Auto and Other Accidents — When is an injury permanent?

If you have had the misfortune of being involved in a crash or incident where you have aggravated a pre-existing physical condition, do not believe the insurance representative if they attempt to persuade you into thinking...more

City May Be Liable for Damage to Home Caused by Falling Tree in Inverse Condemnation and Nuisance

During a windstorm, a tree owned by the City of Pasadena fell on Mr. O’Halloran’s residence, causing damage to his home. Mercury Casualty Company paid Mr. O’Halloran for the damage pursuant to his homeowner’s insurance...more

Asbestos Alert: Failure To Recognize A Defendant’s Name Insufficient To Support Summary Judgment

Ganoe v. Metalclad Insulation Corp. - California Court of Appeal, Second Appellate District (July 21, 2014) - Metalclad was an insulation contractor. Mark Ganoe worked in Department 132 at Goodyear Tire &...more

Spectator Injuries at Sporting Events

Stadiums, arenas and racetracks are public venues and in many ways owners and managers are held to the same standards of care as storeowners and other proprietors. However, there are some differences. In many cases, spectator...more

Nuisance Claims Becoming More Than a Mere Nuisance in Texas

Plaintiffs Bob and Lisa Parr obtained a $2.9 million verdict in April 2014 against Aruba Petroleum, Inc. for health problems allegedly related to oil and gas drilling operations and air emissions near their home. The large...more

“California’s Right To Repair Act Is Not A Homeowner’s Exclusive Remedy When Construction Defects Cause Actual Property Damage.”

The California Court of Appeals recently issued two decisions holding that California’s Right to Repair Act (“SB 800”) is not the exclusive remedy for a homeowner seeking damages for construction defects that have also...more

If A Tree Falls In The City, Is It Serving A Public Purpose?

Today’s posting has nothing to do with corporate law and everything to do with trees. On November 30 and December 1, 2011, the City of Pasadena experienced an unusually violent windstorm. Wind speeds in excess of 100 miles...more

Vehicle Maintenance as a Factor in Car Crashes

In some cases, the careless or negligent act that causes an auto accident occurs long before the at-fault driver sits down behind the wheel. The right to own and operate a motor vehicle on Florida’s public roadways carries...more

Tort Actions Against Public Entities – CCP § 1038 Sanctions Cannot be Awarded Against Parties’ Counsel

Kathryn Settle v. State of California - California Court Of Appeal, Second Appellate District (July 23, 2014) - When a public entity is sued in tort, Code of Civil Procedure (“CCP”) § 1038 requires a mandatory...more

Status Updates - August 2014 #6

..Ahead of the law? In Hidalgo County, Texas, a former sheriff has been sued civilly over allegedly illegal campaign contributions. (He was also criminally convicted of money laundering.) At a civil deposition in the case, a...more

What Constitutes "Use" of a Motor Vehicle?

Barry P. Goldberg sometimes has to analyze circumstances that may or may not be covered both to obtain insurance coverage for his clients and to effectively access insurance coverage from the adverse party. One area of...more

Defendants: Reject §998 Settlement Offers at Your Peril

Here’s a cautionary tale for all those defense attorneys who don’t take §998 settlement offers seriously enough. In a recent case in San Diego Superior Court, two teenage boys sued an outpatient services provider,...more

DePuy Pinnacle Litigation Update

The coordinated litigation over Pinnacle metal-on-metal hip implants pending before Judge Kinkeade is also known as MDL No. 2244. The MDL was established in May of 2011. Since then, more than 60 million pages of documents...more

The Four Main Advantages of Trial Lawyer against Expert Witness

In the first part of this article series, I described the reasons that a trial attorney needs to cross-examine an expert witness. Against the expert witness defending his home territory, the trial lawyer has four main...more

Bank Must Face Homeowner’s Negligence Claim Because It Owes A Duty To Use Reasonable Care In Processing Loan Modification

In Alvarez v. BAC Home Loans Servicing L.P. (August 7, 2014, A138443) --- Cal.App. 4th ---, the First District Court of Appeal reversed a judgment entered in favor of Defendants as to fraud, unfair competition and negligence...more

Texting and Driving: Is It Time for Tougher Laws?

With more and more cases of serious auto accidents caused by texting and driving making news headlines, it seems that many Americans seem to be in favor of stronger distracted driving laws, tougher enforcement, and harsher...more

Steps to Take after a Car Accident

Unless you are a dedicated city dweller, you probably get behind the wheel nearly every morning. You might drive every day, but do you really know what to do after a car accident? Most people never think about the proper...more

The costs of social media

Misuse of social media can prove expensive. The New South Wales District Court’s recent decision in North Coast Children’s Home Inc v Martin [2014] NSWDC 125 demonstrates that defamatory remarks posted on social media...more

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