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Immunity Negligence

Maison Law

Does California Government Code § 844.6 Prevent Inmates from Filing Claims?

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The immunity of government bodies and officials from lawsuits and claims has been a long-standing part of the law. Under the principle, federal, state, and local governments generally cannot be held liable for negligent or...more

Patton Sullivan Brodehl LLP

Quasi-Judicial Immunity for Court-Appointed Partition Brokers

In California, several classes of persons are entitled to some form of immunity protecting them from liability for activities performed in connection with judicial proceedings. For example, “judicial immunity” bars civil...more

Lathrop GPM

Minnesota Court of Appeals Confirms Immunity from Financial Liability for Guardians

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​​​​​​​The Minnesota Court of Appeals ruled that, under Minnesota law, guardians are immune from liability for negligently performing their duty to provide care for a person subject to guardianship. The opinion continues the...more

Console and Associates, P.C.

Can Gun Manufacturers Be Held Liable for Wrongful Death Claims in the Wake of a Mass Shooting?

While the country is still grieving over the tragic events that occurred in Uvalde, Texas and Buffalo, New York, the fact remains that these are only two of the most recent mass shootings to plague our nation’s history. And...more

Kennedys

New Jersey’s Appellate Division reaffirmed the protections afforded by the Charitable Immunity Act where plaintiff could not prove...

Kennedys on

On December 29, 2021, the New Jersey Appellate Division in Bass v. House of Prayer Cogic of Orange, Docket A-1284-20, __ N.J. Super. __ ( App. Div. December 29, 2021), issued an opinion reinforcing the protections afforded to...more

Miles & Stockbridge P.C.

Maryland Teachers Not Negligent for Student Misbehavior

The Maryland Court of Special Appeals held on September 7, 2021 that Maryland public school teachers cannot be held liable in negligence for the injuries of students under their supervision at the hands of other misbehaving...more

Polsinelli

Missouri Protects Health Care Providers from Civil Actions Relating to COVID-19 Exposure

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On July 7, 2021, Missouri Governor Mike Parson signed SB 51 into law, which protects health care providers from being held liable in civil actions for COVID-19 exposure (the “Act”)....more

Ward and Smith, P.A.

An Update on North Carolina Medical Malpractice Law

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With an end to the COVID-19 pandemic in sight, it's hard to forget the terrible impact it had on our society and the tremendous strain it put on our medical community. Doctors, nurses, and other medical staff fought...more

Maynard Nexsen

At Long Last: South Carolina Passes COVID-19 Liability Immunity

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On April 28, 2021, Gov. Henry McMaster signed South Carolina’s COVID-19 Liability Immunity Act into law. The state’s employers will now have a defense that they are immune from liability if an employee claims s/he contracted...more

Littler

Arizona Joins Other States in Passing COVID-19 Liability Protection for Businesses

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Arizona Governor Doug Ducey recently signed Senate Bill 1377 after a push from Republican legislators to limit civil liability exposure for “Good Samaritans” who have worked to protect and provide for Arizonans during the...more

Jones Day

New Florida Law Limits Liability for Defendants Facing COVID-19 Lawsuits

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A new Florida law provides civil immunity from COVID-related lawsuits to defendants that complied in good faith with government health standards, and it imposes heightened pleading and proof requirements on plaintiffs. On...more

Butler Weihmuller Katz Craig LLP

Florida's New COVID-19 Liability Protection Legislation: What It Means And The Legal Effect Moving Forward

The COVID-19 pandemic has affected the state of Florida, and the country, in ways that were unimaginable one year ago. The pandemic has taken a catastrophic toll on individuals and has had a devastating effect on many...more

Littler

West Virginia Enacts COVID-19 Jobs Protection Act

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On March 19, 2021, Governor Jim Justice signed legislation enacting a coronavirus liability shield law.  Senate Bill 277, the COVID-19 Jobs Protection Act (“the Act”), is effective retroactively from January 1, 2020 and...more

Rumberger | Kirk

Florida Governor Signs COVID Liability Limitation Bill into Law

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On March 29, 2021, Florida Governor Ron DeSantis signed SB 72 into law, providing civil liability for business entities for COVID-19 related claims for damages, injury, or death in certain circumstances, and only after the...more

Williams Mullen

Lawsuit “Immunity” for Firearms Industry Members? What the Protection of Lawful Commerce in Arms Act Really Says

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Do gun manufacturers really have blanket immunity from lawsuits? No, not even close....more

Snell & Wilmer

The Arizona Supreme Court Joins Other States in Ruling that HIPAA Can Be Used to Establish the Standard of Care in a Negligent...

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On March 8, 2021, the Arizona Supreme Court held in Shepherd v. Costco1 that the plaintiff, Greg Shepherd, was permitted to bring a negligence claim for wrongful disclosure of medical information and that the Health Insurance...more

Rumberger | Kirk

Legislative Update: COVID-19 General Liability Legislation Passes First Key Vote

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Florida House Bill 7 (HB 7), Civil Liability for Damages Relating to COVID-19, passed an important hurdle on Friday, March 5, 2021.  House Bill 7 (HB 7) and corresponding Senate Bill 72 (SB 72) limit exposure and liability...more

Lowndes

Updated: Florida Legislature Advancing COVID-19 Liability Shield Bills

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Updated March 9, 2021 - On March 5, 2021, Florida’s House passed HB 7 which if ratified by the Senate and signed by the Governor will make proving a personal injury case arising from COVID liability in Florida all but...more

Jackson Lewis P.C.

Employer Not Liable For Spouse’s COVID-19 Infection, California Court Rules

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One year into the COVID-19 pandemic, U.S. courts are wrestling with a growing number of new legal theories related to COVID-19. Not surprisingly, California – the most populous state with some of the most employee friendly...more

Rumberger | Kirk

COVID-19 General Liability Legislation Extension to Healthcare Providers

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Shortly after the introduction of the COVID-19 general liability bill, (HB 7 and SB 72) in an effort to protect businesses from frivolous lawsuits, Senate Judiciary Chairman Jeff Brandes of St. Petersburg introduced Senate...more

Jackson Lewis P.C.

South Carolina Senate Passes COVID-19 Liability Immunity Act

Jackson Lewis P.C. on

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

Burr & Forman

Alabama Enacts COVID-19 Liability Protections for Businesses and Healthcare Providers

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On February 12, 2021, Governor Ivey signed into law legislation that provides civil liability protections to Alabama businesses and healthcare providers related to COVID-19. The legislation provides broad immunity to ensure...more

Akerman LLP - Health Law Rx

The Sun is Rising on COVID Liability Protection for Florida Healthcare Providers

Good news is here for healthcare providers worried about being left out of COVID-19-related liability protections during the 2021 Florida Legislative Session! The Republican-led Legislature, supported by Governor Ron...more

Bradley Arant Boult Cummings LLP

Kentucky Fried Claim: Contractor Preserves Immunity from Suit by Complying with Government Contract Specifications

Recently, in Cross v. L-M Asphalt Partners, Ltd., the Kentucky Court of Appeals upheld a contractor’s immunity from suit for negligence, where the contractor complied with the contract and construction specifications provided...more

Dechert LLP

PREP Act Immunity Does Not Preempt Most State Law Tort Claims Against Nursing Homes and Other Senior Living Facilities

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In our May 1, 2020 OnPoint discussing COVID-19 liability issues for nursing homes and other senior living facilities, we cautioned against reliance on state immunity provisions as a shield against COVID-19-related lawsuits....more

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