News & Analysis as of

Foreseeability

The Third Circuit Weighs In On The Warn Act

by Cole Schotz on

Short Summary- In In re AE Liquidation, Inc., 866 F.3d 515 (3d Cir. 2017), the Third Circuit answered two important legal questions under the Worker Adjustment and Retraining Notification Act of 1988 (the WARN Act). ...more

Third Circuit Holds No Need to Warn Under WARN ACT Unless Circumstances Causing Layoff Are Probable

by Dechert LLP on

The Worker Adjustment and Retraining Notification (WARN) Act in the U.S. requires that employers give sixty days’ notice to its employees before effecting a mass layoff. The WARN Act contains exceptions to the notice...more

Defence & Indemnity - June 2017: III. QUANTUM/DAMAGES ISSUES: Saadati v. Moorhead, 2017 SCC 28, per Brown, J. [4238]

by Field Law on

III. QUANTUM/DAMAGES ISSUES - A. The SCC has watered down the test for compensable psychological injury and done away with the need for expert evidence to establish it. Saadati v. Moorhead, 2017 SCC 28, per Brown, J....more

Objective Foreseeability:  Indiana Continues to Broaden the Foreseeability Analysis in Premises Liability Cases

by Reminger Co., LPA on

In its June 19, 2017 opinion in Daviess-Martin Cty. Joint Parks & Rec. Dep’t v. Estate of Abel, 2017 Ind. App. LEXIS 260, the Indiana Court of Appeals paved the way for Indiana trial courts to expand their analysis regarding...more

Defence & Indemnity - June 2017 : II. LIABILITY ISSUES A. Wardak v. Froom, 2017 ONSC 1166, per Matheson, J. [4227]

by Field Law on

II. LIABILITY ISSUES - A. The Ontario Superior Court of Justice refused to grant summary dismissal in a social host liquor liability case where the adult defendants supervised their son’s party, involving underage drinking...more

United States Supreme Court Shuts Down Ninth Circuit’s "Provocation Rule"

In an October 2010 use of force case arising out of an incident in Los Angeles County, the Ninth Circuit attempt to expand officer liability with the “Provocation Rule” was struck down by the United States Supreme Court....more

California Appellate Court Upholds Negative Declaration for County "Up-Zoning" Ordinance - Aptos Council v. County of Santa Cruz...

by Holland & Knight LLP on

Aptos Council v. County of Santa Cruz ruling also clarifies CEQA "Piecemeal" Doctrine - The Sixth District Court of Appeal's recent decision in Aptos Council v. County of Santa Cruz provides useful California...more

Global Private Equity Newsletter - Spring 2017 Edition: Like Bigfoot, a Clear and Settled Definition of “Consequential Damages”...

by Dechert LLP on

A recent decision from the Delaware Chancery Court adds a twenty-first century interpretation to the common law doctrine of consequential damages which has roots reaching back to English contract law. This decision highlights...more

Willful Permit-Required Confined Space Entry Citation Upheld by the Seventh Circuit

by Ruder Ware on

On February 1, 2017, the United States Court of Appeals for the Seventh Circuit affirmed the decision of the Occupational Safety and Health Review Commission (“Commission”) which imposed serious willful citations under the...more

California Imposes Broad Liability in “Take-Home” Toxic Exposure Cases

by Wilson Elser on

The Supreme Court of California has overturned prior case law and imposed broad new liability on “employers and premises owners” in “take-home” toxic exposure cases. In a lengthy opinion issued in the consolidated Kesner v....more

California Supreme Court Imposes Broad Liability for Employers and Premises Owners in “Take-Home” Toxic Exposure Cases

by Wilson Elser on

The Supreme Court of California has overturned prior case law and imposed broad new liability on “employers and premises owners” in “take-home” toxic exposure cases. In a lengthy opinion issued in the consolidated Kesner v....more

Asbestos Alert: Employers and Land Owners Have Duty to Take-Home Exposure Plaintiffs

by Low, Ball & Lynch on

Kesner v. Pneumo Abex, LLC - Supreme Court of California (December 1, 2016) We first reported on this case on May 14, 2014, when the Court of Appeal ruled. The case was further appealed to the California Supreme...more

Ninth Circuit Rules Trader Joe’s May Pursue Infringement Claim Against Infringing Activity in Canada

The Ninth Circuit recently became the latest appeals court to address the extraterritorial reach of the Lanham Act, holding that a U.S. trademark holder can pursue a Lanham Act claim in the U.S. against infringing activity...more

Toxic Tort and Environmental Litigation: In Asbestos Case, Court of Appeals Holds Manufacturer’s Duty to Warn Extends to Joint Use...

In In Re: New York City Asbestos Litigation, decided June 28,2016, the Court of Appeals tackled the question of whether a manufacturer must warn against a danger inherent in using its product together with a product designed...more

New Jersey High Court Expands Reach of “Take-Home” Toxic Tort Claims

by Blank Rome LLP on

Action Item: Employers and premises owner of facilities in which employees or visitors might be exposed to alleged hazardous substances must be aware of a recent New Jersey Supreme Court decision in Schwartz v. Accuratus...more

Generic vs. Branded Liability: Mensing Holds Sway Until FDA Completes Rulemaking

by Latham & Watkins LLP on

FDA’s delay on the final version of generic labelling rules until April 2017 means both branded and generic drug manufacturers face continued uncertainty. The U.S. Food and Drug Administration (FDA) recently announced it...more

Online Targeted Advertisements are Not Sufficient to Establish Personal Jurisdiction in Wisconsin

by Foley & Lardner LLP on

Almost every business today has a website, which can be accessed by anyone in the world with an Internet connection. If the business provides for targeted advertising on its website, based upon the location of the person who...more

“Force of Nature” or Human Error? Litigating the Act of God Defense

by Wilson Elser on

The cause of the plaintiff’s damages is typically the first and most critical question posed to a jury in a product liability trial. If a jury determines that a substantial factor in the cause of the plaintiff’s damages was a...more

Even Planned Surgery May Be “Unforeseeable” Under the FMLA

by Akerman LLP - HR Defense on

Employees seeking leave under the Family and Medical Leave Act are supposed to give 30 days’ notice if the need for leave is “foreseeable,” but what does “foreseeable” mean? Based on a recent 11th Circuit Court of Appeals...more

Hong Kong Employer's Liability for Stress induced Psychiatric Illness in Workplace

by DLA Piper on

Workplace stressors: Hong Kong According to a 2015 global employment study by Regus, two-thirds of Hong Kong respondents complained of feeling “more stressed”. When considering the causes of stress in the workplace, Hong Kong...more

Clarity For Calif. Negligent Emotional Distress Claims

by Morrison & Foerster LLP on

The recent decision in Wilson v. Southern California Edison Co. provides greater clarity to the California rule permitting claims for negligent infliction of emotional distress by direct victims who do not suffer a physical...more

Food Industry Continues to Face Data Privacy and Security Risk

by McGuireWoods LLP on

In 2014, grocers and restaurants continued to be plagued by attacks leading to the theft of credit card information. Among others, Supervalu Inc. and Jimmy John’s both experienced intrusions in 2014, extending the string of...more

Proximate Cause and Foreseeability Are Required Elements of Endangered Species Act Liability: Fifth Circuit Reverses Injunction...

by King & Spalding on

The Fifth Circuit Court of Appeals has reversed an injunction that would have prohibited the Texas Commission on Environmental Quality (“TCEQ”) from issuing new water withdrawal permits affecting an estuary where...more

Bad Faith Sentinel - May 2014

In This Issue: - Northern District of New York: Primary Insurer That Waited Nine Years to Tender Policy Limits to Injured Plaintiff Was Liable to Excess Carrier for Bad Faith - Middle District of Pennsylvania:...more

Northern District of Iowa: Litigation “Reasonably Foreseeable” After Insured Accuses Insurer of Acting in Bad Faith

Meighan v. TransGuard Ins. Co. of Am., Inc., No. C13-3024-MWB, 2014 WL 1199596 (N.D. Iowa Mar. 24, 2014). The Northern District of Iowa finds that claim reserves and settlement information created after litigation was...more

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