Civil Liability

News & Analysis as of

Alabama Man Faces Murder Charge After Causing Fatal Accident

When an Alabama driver makes the decision to get behind the wheel under any impairment, a fatal accident may be a harsh possibility. Driving requires a person's vigilance, and being impaired severely reduces that. ...more

Should Receivers Appear Only Through Counsel To Avoid Civil Liability?

QUESTION: Should receivers appear only through counsel to avoid civil liability? ANSWER: In Re Shattuck, 411 B.R. 378 (10th Cir. BAP 2009), which held that a receiver, who is not a lawyer, cannot appear in federal...more

Supreme Court’s Decision in R v. Nedelcu and its Impact on Litigation Involving Both Civil and Criminal Components

R v. Nedelcu, 2012 SCC 59, is a recent Supreme Court of Canada decision which clarifies the scope of the right against self-incrimination, protected by section 13 of the Charter. The case considers the question of whether and...more

Lucantonio v Stichter – “No Causation” finding confirmed

The Court of Appeal decision in Lucantonio v Stichter provides a refresher on how a Court should determine if a person’s breach of duty caused harm under the Civil Liability Act 2002 (“Act”)....more

Aftermath Of Chemical Spill Continues In Paulsboro

Sometimes, personal injury affects one individual, and sometimes it can ravage an entire community. Federal Judge Robert Kugler recently ruled that residents and business owners in Paulsboro can proceed with civil liability...more

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