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Bodily Injury Dismissals

Tyson & Mendes LLP

New Jersey Nightclub Cleared from College Teen’s Fatal Accident

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After over four and a half years of litigation, a New Jersey judge dismissed a claim against a nightclub after a Rutgers University student was fatally struck by a car, reasoning that, while the patron was visibly intoxicated...more

Maron Marvel

Delaware Supreme Court to Decide Whether Increased Risk of Illness Constitutes a Claim in Delaware

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The Delaware Supreme Court heard arguments on June 14, 2023, on a question certified to it from the Third Circuit of the U.S. Court of Appeals, as to whether medical monitoring claims can be made in Delaware without proof of...more

Faegre Drinker Biddle & Reath LLP

Where No Forum Contacts “Relate To” Claims at Issue, Ninth Circuit Affirms Dismissal for Lack of Specific Personal Jurisdiction

Specific personal jurisdiction can be a very straightforward concept. If a plaintiff claims to have been injured by a product that the defendant itself sold directly to plaintiff at a store within the forum state, disputes...more

Faegre Drinker Biddle & Reath LLP

Amazon Notches Another Win on Personal Injury Liability Relating to Third-Party Seller Products

For some time, we have been following the emerging case law on whether companies, such as Amazon, that create an online marketplace for other sellers, may be held liable when products supplied by those sellers cause injury....more

Faegre Drinker Biddle & Reath LLP

Ninth Circuit Affirms Dismissal of Breast Implant Cases on Preemption Grounds

The Ninth Circuit has confirmed in quadrophonic sound that plaintiffs cannot avoid preemption by relying on vague and speculative allegations to establish a parallel claim. The court affirmed the dismissal of four lawsuits...more

Foley Hoag LLP

Product Liability Update - May 2020

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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Holland & Knight LLP

Court Finds MC’s “Fifth Jurisdiction” Requires Physical Presence by Airline in Forum State

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In Erwin-Simpson v. AirAsia Berhad, __ F. Supp. 3d __, No. 18-cv-00083 (CRC), 2019 WL 1317337 (D.D.C. Mar. 22, 2019), the court dismissed personal injury claims by a passenger and her husband arising from spilled boiling...more

Benesch

Northern District of California Dismisses Claim Against Lufthansa

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In Wendelberger v. Deutsch Lufthansa AG, No. 18-cv-01055, 2018 U.S. Dist. LEXIS 88532 (N.D. Cal. May 25, 2018), the Northern District of California recently dismissed a claim against Deutsch Lufthansa AG (“Lufthansa”) on the...more

Foster Garvey PC

Jackson v. Black Ink Tattoo Studio Inc.: Why Consent Forms for Tattoo Artists Are an Indelibly Good Idea

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The ability of tattoo artists to protect themselves from negligence lawsuits got a boost from a recent decision of a New York court. The case of Jackson v. Black Ink Tattoo Studio Inc. drew national interest since the...more

Carlton Fields

Construction Case Law Update - November 2014

Carlton Fields on

Personal Injury Liability, Design Standards, Slavin Doctrine, and Certorari Jurisdiction – Certiorari jurisdiction can arise where two parties in the same legal position move for summary judgment under the same theory...more

Holland & Knight LLP

Eleventh Circuit Affirms Dismissal of Injury Claim in Airline Bumping Case

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The ruling by the U.S. Court of Appeals for the Eleventh Circuit in Campbell v. Air Jamaica, Ltd. is a favorable one for the aviation industry. The court confirmed that non-economic damages, including emotional distress and...more

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