News & Analysis as of

High Court Grants Broader Immunity to Police Using Deadly Force in Chases

Officers are immune from liability in lawsuits alleging use of deadly force against fleeing suspects unless it is “beyond debate” that a shooting was unjustified and clearly unreasonable, the U.S. Supreme Court has ruled. The...more

Immunity Under the Communications Decency Act

To encourage the growth of the internet, the Communications Decency Act immunizes companies that host content from liability for that content. However, recent caselaw confirms that this immunity is not boundless. Accordingly,...more

Badger Guns Case Highlights Retailers’ Legal Risk and Need for Compliance and Training

A Wisconsin gun shop, Badger Guns, has been held liable for almost $6 million for injuries to two police officers who were shot with a gun purchased at the shop. The jury’s verdict in the case, handed down on October 13,...more

FTC Sees Disconnect on Proposed Connected Cars Legislation

The Energy & Commerce Committee of the U.S. House of Representatives held a hearing on October 21st titled “Examining Ways to Improve Vehicle and Roadway Safety” to consider (among other matters) Vehicle Data Privacy...more

Stretched Past Its Limits: Have The Courts Extended Immunity From Online Tort Liability Too Far?

I have practiced entertainment and technology law for over 30 years. More than any other area of the law, the developments and enhancements in technology have outpaced the law’s ability to take those developments and...more

FTC Submits Public Comments to States Considering Regulations of Cooperative Agreements Between Hospitals

The Federal Trade Commission (FTC) recently submitted comments to Virginia and Tennessee regarding proposed laws in each state relating to Cooperative Agreements between hospitals and the granting of Certificates of Public...more

Santa Monica Successfully Asserts “Trail Immunity” For Sidewalk/Path at Palisades Park

Woodland Hills personal injury attorney Barry P. Goldberg is frequently consulted concerning fall accidents and biking accidents in and around Santa Monica. In a recent unpublished case, the Court expanded the immunities...more

Section 230 of the Communications Decency Act: More Lessons to Be Learned

Courts continue to struggle with the application of CDA immunity to shield service provider defendants from liability in extreme cases. In this case, the Washington Supreme Court, in a 6-3 decision, affirmed the lower court’s...more

Drone on Drones: Nation’s First Drone Ban Passed

The Poway City Council approved an urgency ordinance temporarily banning the use of drones throughout most of the City this week amid concerns that the UAVs could hamper firefighting efforts. Poway is the first city in the...more

Business Litigation Alert: "Expanding Whistleblower Protection - Recent Senate Bill Represents Big Changes"

A new bill unanimously passed the U.S. Senate in July that could make it significantly more difficult for general counsel when considering whether to self-report antitrust issues. The Criminal Antitrust Anti-Retaliation Act...more

New Jersey Revises Guidance: Mere Delivery Doesn’t Exceed P.L. 86-272 After All

On July 30, the New Jersey Division of Taxation (the “Division”) issued a new technical bulletin (TB-79) concerning corporate income tax nexus and the scope of federal immunity under 15 U.S.C.A section 381 (“P.L. 86-272”)....more

Third Party Bound By Arbitration Agreement Which It Never Signed

In the context of a right of direct action by an injured party (Spain and France) against a D&I insurer, in The London Steamship Owners' Mutual Insurance Association Ltd v The Kingdom of Spain & anr [2015] EWCA Civ 333, 1...more

Third Party Bound By Arbitration Agreement Which It Never Signed

In the context of a right of direct action by an injured party (Spain and France) against a D&I insurer, in The London Steamship Owners' Mutual Insurance Association Ltd v The Kingdom of Spain & anr [2015] EWCA Civ 333, 1...more

Florida Supreme Court Holds Insurer Immune from Bad Faith Claims

On May 14, 2015, the Florida Supreme Court held that a government-created insurance company, Citizens Property Insurance Corporation, was immune from statutory first-party bad faith claims. The Florida Legislature created...more

Another Reason to Report Suspected Abuse or Neglect to DCF: Lawrence V. Weiner

We have repeatedly cautioned that those employees who are required by law to make reports to the Department of Children and Families [“DCF”] of suspected child abuse and neglect should always err on the side of caution and,...more

Do State Bar Associations Have Antitrust Risk?

It was only a matter of time after the Supreme Court’s decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission, 135 S. Ct. 1101 (2015) (*), that a state bar association would face an antitrust...more

Citizens Property Insurance Corporation Immune to Statutory Bad Faith Claims

The Florida Supreme Court has decided unanimously that the Florida legislature did not intend for Citizens Property Insurance Corporation (a state-created entity that provides property insurance) to be liable for statutory,...more

State Regulatory Scheme Offering Antitrust Immunity to Healthcare Collaborations Creates Tension Between Federal and State...

On April 22, 2015, the Federal Trade Commission submitted a public letter to the New York State Department of Health (DOH) expressing “strong concerns” over state regulations offering to provide antitrust immunity to certain...more

Businesses not liable if customers injured on their properties during storms

Q&A with Jeffrey A. Curran - Q: Spring always brings a potential for severe weather in Oklahoma. Can a business be held liable if a customer is injured on its property during a storm? A: The Oklahoma...more

French Competition Authority Adopts Revised Leniency Procedural Notice

A revised leniency procedural notice enhances the legal certainty and the procedural safeguards governing the French leniency procedure. On April 3rd 2015, the French Competition Authority (the FCA) issued a revised...more

Open Season on Provider-controlled Licensing Boards

In a closely followed decision with significant consequences for state licensing boards and their members, the Supreme Court in North Carolina State Board of Dental Examiners v. Federal Trade Commission, 135 S. Ct. 1101...more

Gaming Legal News: Volume 8, Number 5: North Fork Tribe Sues State For Compact In Latest Chapter Of Gaming Saga

By the summer of 2014, it appeared that the North Fork Rancheria of Mono Indians of California had finally made it over the last hurdle to begin construction of a Class III casino with 2,000 slot machines and 40 gaming tables...more

United States Supreme Court Rules that N.C. Dental Board Is Not Entitled to State Action Immunity from Antitrust Liability

In North Carolina State Board of Dental Examiners v. F.T.C., No. 13-534 (2015), the United States Supreme Court ruled last week that the North Carolina Dental Board, which is comprised mainly of practicing dentists, was not...more

California Court of Appeal Limits Scope of Agent's Immunity Rule Based on "Special Relationship" Between Insurers and Insureds

On April 2, 2014, the California Court of Appeal, First Appellate District, published an opinion that limits the scope of the agent’s immunity rule insofar as it applies to employees of insurers involved in investigating...more

Supreme Court Limits Protectionism by State Healthcare Licensing Boards - Boards Comprised of Active Medical Providers Are Not...

The United States Supreme Court’s recent decision in N.C. State Bd. of Dental Examiners v. Federal Trade Commission, No. 13-534, 2015 WL 773331 (S.Ct. February 25, 2015) makes clear that the anticompetitive actions of state...more

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