Law School Toolbox Podcast Episode 347: Listen and Learn -- Assumption of Risk (Torts)
Bar Exam Toolbox Podcast Episode 107: Listen and Learn -- Assumption of Risk (Torts)
A bankruptcy sale is an opportunity to potentially acquire assets at distressed pricing. A bankruptcy sale also presents prospective bidders with a level playing field to conduct due diligence, submit a bid, and compete...more
In Gilliard v. Manhattan Nuvo LLC, New York’s Appellate Division, First Department held that the assumption of the risk doctrine did not extend to an accident at a birthday party at a hookah (a water pipe used to smoke...more
Grady v. Chenango Valley Central School District, 2023 WL 3102723 (2023) -Scholars wondered whether this doctrine would still be applicable because of recent New York cases stating that a plaintiff could be granted summary...more
Earlier this year, the New York Court of Appeals provided new guidance on the often-litigated assumption of the risk doctrine. That doctrine provides that a plaintiff cannot recover under tort for the actions of a negligent...more
Assumption of the Risk- Smith v. Be Fit with Michelle, LLC, 11th Dist. Lake, No. 2023-Ohio-3118. In this appeal, the Eleventh Appellate District affirmed the trial court’s decision to grant the defendant summary judgment...more
Key Takeaway: In Superior Oil Company, Inc. v. Labno-Fritchley, 207 N.E.3d 456 (Ind. Ct. App. 2023), the Indiana Court of Appeals reversed a trial court’s denial of summary judgment in a product liability case. The court...more
On April 27, 2023, the First District Court of Appeal issued an opinion in Walter Wellsfry, et al. v. Ocean Colony Partners, LLC (A165175, April 27, 2023) affirming summary judgment for a golf course owner on the grounds that...more
“So, you’re telling me there is a chance” is the iconic line from the 1994 blockbuster movie “Dumb and Dumber” starring Jim Carey (as “Lloyd Christmas”) and Lauren Holly (as “Mary Swanson”). In the film, Lloyd is enamored...more
Welcome back to the Law School Toolbox podcast! Today, in another "Listen and Learn" episode, we're focusing on assumption of risk as a defense to negligence in Tort law. In this episode we discuss: >A review of the rule...more
Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials....more
Timeline to Confirm Arbitration Award- BST Ohio Corp. v. Wolgang, 2021-Ohio-1785- In this appeal, the Supreme Court of Ohio reversed the lower court’s decision, holding that neither R.C. 2711.09 nor R.C. 2711.13 requires...more
A Charlottesville Circuit Court held that a rule promulgated by a Virginia property owners’ association requiring residents to sign an assumption of the risk form prior to using certain common areas was reasonable. See...more
Welcome back to the Bar Exam Toolbox podcast! Today, we have another episode in our "Listen and Learn" series, where we review substantive areas of the law that you're likely to encounter on the bar exam. This time, we're...more
When considering whether to acquire a business through an asset sale, it is important for the purchaser to analyze what, if any, of the seller’s liabilities it must assume to continue the seller’s operations. Prudent...more
Georgia Governor Brian Kemp signed Georgia Senate Bill 359 into law last week. Georgia's COVID-19 Pandemic Business Safety Act (the Act) is an undoubted win for businesses, health care and otherwise, as Georgia's legislature...more
Reopening the economy has had mixed results. Many types of businesses have reopened without triggering outbreaks in COVID-19. But, bars and other businesses are being linked to the June and July spikes in COVID-19 cases...more
Key takeaway – Georgia businesses should post the statutory notice at points of entry or on any receipt or proof of purchase....more
This brief article explores some of the legal issues that may arise in the era of COVID-19 when restrictions are eased and participation in contact sports resumes in schools and amateur sports leagues....more
The English High Court has ruled that Brexit cannot be used as a reason to terminate a contract on the grounds of frustration. While the judgment concerned the effects of Brexit on a commercial lease, it reaches further than...more
Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. We hope you...more
One of the multitude of uncertainties currently facing commercial parties potentially affected by Brexit is the effect on their existing commercial contracts, specifically whether the new circumstances of Brexit provide a...more
Can a profit-sharing provision in a commercial lease survive assumption and assignment by a debtor? Analyzing such a provision, the Third Circuit answered “no,” finding the provision to constitute an unenforceable...more
I. Why It Matters - Implied assumption of risk applies to preclude product liability claims where a plaintiff consents or acquiesces in an appreciated, known, or obvious risk to his or her safety. Importantly, the implied...more
In Hass v. RhodyCo Production (No. A142418 – 8/13/2018), the First Appellate District’s applied longstanding rules regarding when express waivers are effective and the primary assumption of risk doctrine to deny summary...more
In Willhide-Michiulis et al. v. Mammoth Mountain Ski Area, LLC, Plaintiff Kathleen Willhide-Michiulis (“Plaintiff”) was involved in a snowboarding accident at Mammoth Mountain Ski Area, which resulted in multiple serious...more