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Bodily Injury

Maison Law

California Bicycle Laws Every Rider Needs to Know

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California has a strong reputation for cycling. In 2022, the League of American Bicyclists designated the state as the fourth most friendly state for bicycling in the United States. Two California cities – Davis and Berkeley...more

Lathrop GPM

Appellate Court in Pennsylvania Affirms Ruling on Gas Station Franchisor’s Indemnification Claims

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A state appellate court in Pennsylvania recently affirmed a trial court’s summary judgment ruling addressing a franchisor’s claims for indemnification in a personal injury dispute. Sunoco (R&M), LLC v. Pa. Nat'l Mut. Cas....more

Kennedys

California Court of Appeal clarifies Howell and proceeds to publish Audish v. Macias

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California’s Fourth Appellate District published its opinion in Audish v. Macias, clarifying the collateral source rule in personal injury cases. The Court built on the foundation provided by Howell v. Hamilton Meats &...more

Harris Beach PLLC

Defending Benzoyl Peroxide Acne Product/Benzene Litigation

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This year, a laboratory issued a report wherein it claims to have tested over-the-counter and prescription acne products containing benzoyl peroxide and found what it deemed to be “unacceptably high” levels of benzene. In...more

Rumberger | Kirk

Incident Response: Today’s Actions Impact Tomorrow’s Lawsuit

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Success in defending against a personal injury lawsuit starts with the business’s response to the injury-inducing event. Personal injury lawsuits often turn on evidence that is created at the scene of the alleged injury. A...more

Goldberg Segalla

Defendant Granted Motion to Dismiss Claim against Settlement Trust for Untimeliness

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Superior Court of Delaware, New Castle - In the asbestos action Burhenn v. Celotex Asbestos Settlement Trust, the court granted defendant Celotex’s motion to dismiss on the grounds that the complaint was untimely filed. In...more

Segal McCambridge

New York Labor Law Appellate Division Round-Up

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Issues involved with construction accidents in New York are very fact-specific, and it is important to obtain testimony and evidence of all aspects of the construction project to try and defeat a summary judgment motion....more

Searcy Denney Scarola Barnhart & Shipley

Cycling and Pedestrian Safety in Florida

Because of the beautiful weather, flat terrain, and tremendous resources, Florida is a great place for walking and cycling. While walking or biking may be easier or more enjoyable here than in other places, that doesn’t mean...more

Goldberg Segalla

Fraud Doesn't Pay in New York – August 2024 Update

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As a part of our Quarterly Practice Group Update, we are pleased to produce our latest installment of our continued success in fraud litigation. This report was originally conceptualized three years ago as a one-time...more

Rivkin Radler LLP

August 2024 New York Insurance Coverage Law Update

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Merchants Preferred Insurance Company filed a declaratory judgment action in New York seeking a declaration that it had no duty to defend or to indemnify its insureds in an underlying Florida personal injury action arising...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Storage Tanks/Rate Establishment Guide for State Financial Assurance Funds: ASTSWMO Report

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued on August 24, Part One of a document titled: Rate Establishment Guide for State Financial Assurance Funds (“Guide”)....more

Pierce Atwood LLP

Legislators, Standing, and the Courts

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Disputes between members of different branches of government frequently raise thorny issues—and standing is often one of them. The Maine Law Court tackled the issue of legislator standing in its recent decision in Clardy v....more

Cozen O'Connor

Does an Optional Release Constitute Bad Faith?

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In Brodowy v. Progressive Direct Ins. Co., the Ninth Circuit affirms the district court’s granting of Progressive Direct Insurance Company’s (“Progressive”) motion for summary judgment as to claims alleging bad faith and...more

Esquire Deposition Solutions, LLC

Deposition in Hand, Party Need Not Testify at Trial

Are personal injury plaintiffs legally required to testify at their trials? Actually, not. Under the right circumstances, deposition testimony can be used in lieu of live trial testimony if the trial court finds that the...more

White and Williams LLP

Georgia’s Products Liability Statute of Repose: “First Sale” vs. “A Sale”

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In L’Oreal USA, Inc. v. Burroughs, 372 Ga. App. 30, 2024 Ga. App. LEXIS 250, the Court of Appeals of Georgia (Appellate Court) considered whether Georgia’s ten-year statute of repose for products liability precluded strict...more

Bradley Arant Boult Cummings LLP

A Change in Circumstances Can Make All the Difference in Insurance Coverage

A recent Mississippi case reminds commercial and residential policyholders alike of the importance of updating insurance coverage when circumstances change to avoid a coverage dispute or the loss of coverage altogether....more

Maison Law

California Distracted Driving Laws that Can Impact Your Car Accident Claim

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Potential and actual distractions abound when you occupy the driver's seat. You adjust the volume on the radio, heat, and air conditioning. Large screens in the front display maps, directions, radio stations, the song being...more

Searcy Denney Scarola Barnhart & Shipley

Rising Trends in Distracted Driving Accidents Across Florida: How to Stay Focused on the Road

Distracted driving affects everyone: drivers, passengers, pedestrians, and cyclists. The results can be catastrophic, resulting in personal injuries, physical disabilities and even death. According to the National Highway...more

Holland & Knight LLP

Court Decision Concerning "Boneless Chicken Wings" Ignites Political Firestorm in Ohio

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Readers with a keen memory of their law school torts class (or bar-exam review course) may have a recollection of rules applicable to personal injury claims arising from foreign or unexpected substances in food. Depending on...more

Searcy Denney Scarola Barnhart & Shipley

Navigating the Legal Process After a Car Accident in Florida: Your Rights and Options

Being in a car accident can be a traumatic experience, particularly if there are serious personal injuries and/or significant damage to your car. Understanding the legal process in Florida is imperative to knowing your rights...more

Searcy Denney Scarola Barnhart & Shipley

The Top Causes of Car Accidents in Florida and How To Avoid Them

Car accidents in Florida are more common than in other states. Our warm weather and reputation as a tourist destination result in high levels of traffic from residents and out-of-state visitors. Statistics for 2023 show that...more

Maynard Nexsen

Taking the Pulse, A Health Care and Life Sciences Video Podcast | Episode 200: Athlete Mental Health and Physical Conditioning...

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For our 200th episode, we are thrilled to welcome University of South Carolina Women’s Basketball Coach and Olympic Gold Medalist Dawn Staley back to the podcast! Fresh off the 2024 National Championship, Coach Staley shares...more

JUSTICENTER

CHP Reports: What You Need To Know

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If you’ve been injured in a car accident you didn’t cause, you’re probably eager to file an insurance claim against the other driver. But as you likely know, an insurance company isn’t just going to take your word for it —...more

Haight Brown & Bonesteel LLP

Can a Close Relative Who Hears a Car Crash on the Phone Sue for Negligent Infliction of Emotional Distress? California Supreme...

The California Supreme Court’s decision this week in Downey v. City of Riverside, et al. ruled that such a claim did exist, expanding the contemporaneous zone of awareness for a Plaintiff to successfully recover for negligent...more

Harris Beach PLLC

NY Appellate Court Addresses Engineer Testimony and Frye Hearing

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New York’s Appellate Division, Second Department reversed a trial court order precluding defendants’ expert engineer from testifying, issuing a new trial on the issue of liability in a personal injury action stemming from a...more

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