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Bodily Injury Public Policy

Fox Rothschild LLP

New Jersey Supreme Court reaffirms public policy underpinning the NJ rescue doctrine is limited to the protection of human life

Fox Rothschild LLP on

Injuries to a woman who heroically jumped in a canal to save a neighbor’s dog were not considered viable as a cause of action under the state’s rescue doctrine. See Ann Samolyk v. Dorothy Berthe, III, No. A-16-21 (085946)...more

Kennedys

Has plaintiff assumed the risk? Understanding the development of the primary assumption of risk defense and the ambiguity of...

Kennedys on

In its simplest form, a plaintiff who voluntarily participates in a sporting or recreational event is considered to have consented to those commonly-appreciated risks that are inherent in and arise from participating in the...more

Rivkin Radler LLP

Insurance Update - December 2021

Rivkin Radler LLP on

Our December Insurance Update features four cases. The Minnesota Supreme Court decides if a resident-relative exclusion violates public policy. A Texas appellate court considers, for a second time, if damage from...more

Stikeman Elliott LLP

Supreme Court Clarifies the Scope of Liability in Negligence for Public Authorities Making “Core Policy Decisions”

Stikeman Elliott LLP on

In Nelson (City) v Marchi, 2021 SCC 41, the Supreme Court of Canada held that public authorities may only be shielded from liability in negligence when making decisions that engage public policy considerations, such as...more

Holland & Hart - Employers' Lawyers

Shifting the Risks of Employer’s Economic Loss Resulting from Employee Injury: Keyperson Insurance in New Mexico

What’s a New Mexico business to do if one of its key employees is absent from work due to a non-work-related injury? A pair of cases, one from the United States Court of Appeals for the Tenth Circuit, and another recently...more

Ward and Smith, P.A.

Adventurer Beware! The Scope and Enforceability of Liability Waivers in North Carolina

Ward and Smith, P.A. on

Summer is upon us. The great outdoors beckons. There are trails to hike and rivers to paddle. Summer travel is in full swing and summer camps have opened their gates. If you are fortunate enough to be embarking on...more

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