Proof in Trial: University of Louisville
2021 Bid Protest Decisions with Far-Reaching Impacts for Government Contractors
#WorkforceWednesday: CA Whistleblower Retaliation Cases, NYC Pay Transparency Law, Biden’s Labor Agenda - Employment Law This Week®
Secondary Considerations of Non-Obviousness - Patents: Post-Grant Podcast
The Risk of Personal Injury Claims from COVID-19 and What to Do About It
Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies
VIDEO: Will Pending Federal Covid-19 Legislation Preempt Longstanding State Laws Regarding the Burden of Proof in Workers’ Compensation Claims?
Podcast: IP Life Sciences Landscape: Aiding Orange and Purple Book Patent Owners in Developing PTAB Survival Skills
II-31- The Changing 9 to 5 From 1980 to Today
We regularly receive questions about motor carrier liability under the Carmack Amendment. This standard has been ubiquitous with interstate motor carriage since its enactment in 1906. Still, misunderstandings abound and can...more
Introduction - The Trading Standards (Fair Trading) (Guernsey) Ordinance, 2023 (the "Trading Standards Ordinance") is due to come into force on 2 October 2023. From this date, businesses in Guernsey will be subject to...more
To succeed in meeting their evidentiary burden for a medical malpractice claim, a plaintiff must prove a breach of the standard of care, causation, and damages through expert testimony. See Bruni v. Tatsumi, 46 Ohio St.2d...more
The South Carolina state Senate has passed legislation that would provide immunity from COVID-19-related lawsuits for businesses that follow state and federal health guidelines. The measure now goes before the South...more
Product distributors, online retailers, and owners of facilities that are open to the public, such as restaurants, brick-and-mortar retailers, and office buildings, may be wondering about their risk of personal injury claims...more
As the world continues to reopen, landlords—both residential and commercial—need to understand their responsibilities for creating a safe and secure property for their tenants and employees. In this webinar, a panel of real...more
Courts are faced with the difficult task of drawing a line to determine when the failure to preserve evidence becomes culpable enough to permit a judicial remedy. In State Farm Fire & Cas. Co. v. Cohen, No. 19-1947, 2020 U.S....more
Negligence is, by far, the most common cause of action against a gym. A liability waiver is your shield against those lawsuits. By signing the waiver, a member agrees not to hold you liable for negligence if they are injured...more
Yesterday, Sen. John Cornyn, R-Texas, joined by Senate Majority Leader Mitch McConnell, R.-Ky., introduced the SAFE TO WORK Act, which would provide substantial and comprehensive liability protection from coronavirus-related...more
One month into the declaration of a national emergency, the flood of coronavirus-related consumer class action litigation can be grouped into several distinct categories. Consumer class action suits to date have primarily...more
Does Arkansas products liability law require an expert witness? Technically, the answer is “it depends.” But for a plaintiff to make a claim in a products case, the answer is almost always “yes.”...more
1. Product Safety - 1.1 Legal Framework - The main laws and regulations governing product safety in the United States include: The Consumer Product Safety Act of 1972, 15 U.S.C. § 2051 et seq, created the Consumer...more
LeHouillier v. Gallegos, 2019 Colo LEXIS 89 (Jan. 28, 2019) - Brief Summary - The Colorado Supreme Court concluded that the plaintiff in a legal malpractice case must bear the burden of proving "collectibility" as part...more
On April 3, 2018, the New York Court of Appeals issued a closely divided opinion in Rodriguez v. City of New York, Case No. 32, holding that plaintiffs need not establish the absence of their own comparative negligence in...more
A South Florida court of appeal compelled arbitration against a nursing home in a negligence lawsuit after upholding a severability clause despite an unenforceable cap on non-economic damages and prohibition on punitive...more
I last wrote about FDIC v. Ching, 2014 U.S. Dist. LEXIS 92687 (E.D. Cal. July 8, 2014) in July of 2014. That post concerned Judge Kimberly J. Mueller's ruling that California's statutory restrictions on distributions to...more
In a landmark decision, BPE Solicitors & anr v Hughes-Holland (in substitution for Gabriel) [2017] UKSC 21, the Supreme Court provided guidance on the application and effect of the well-known, but often misunderstood, ‘SAAMCO...more
On November 16, 2016, the Sixth Circuit held that a state law professional negligence class action against civil engineering companies arising out of the Flint, Michigan water crisis must be litigated in Michigan state court....more
On July 5, 2016, the United States Court of Appeals for the Eighth Circuit affirmed a jury verdict in favor of Dorel Juvenile Group, Inc. ("Dorel") in a case involving claims that a defective doorknob cover manufactured by...more
The standard for establishing a prima facie case of negligence in a lead paint lawsuit is well established. The plaintiff has the burden of proving “1) that the defendant was under a duty to protect the plaintiff from...more
In Vebr v. Culp (Filed 10/28/2015, No. G050730), the Fourth District Court of Appeal affirmed a trial court’s grant of summary judgment in favor of homeowners, where an employee of an unlicensed painting company was injured...more
Kennedy v. Allstate, No. 15-2221 (E.D. Pa. July 8, 2015). District Court recognizes possibility that insurance adjusters owe a duty of care to insureds that would be breached by failing to conduct a reasonable...more
Before you file or respond to a motion for summary judgment, consider the following guidance from three recent Rhode Island Supreme Court decisions. 1. TO SURVIVE SUMMARY JUDGMENT, A NON-MOVING PARTY MUST COME FORWARD...more
This is the third edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more