Liability

News & Analysis as of

Land Subsidence Damage Caused by Groundwater Withdrawals in Arizona: Who Pays?

Land subsidence is a problem that affects many areas of the world, with well-publicized case studies in Mexico City, Tokyo, and certain areas within California and Arizona. ...more

Homebuilder Series Webinar: Fiduciary Duties & Auditor Liability [Video]

Watch an in-depth Homebuilder Series webinar that discusses auditor liability and fiduciary duties. Two issues of recurring interest to company officers and directors are the potential liabilities of outside...more

Long-tail Risk on the Horizon for the Tanning Bed Industry

As the United States continues through a winter that included a historic blizzard in the Northeast, many of us may be longing for summer days spent on the beach, soaking up the sun and working on a tan. A number of people,...more

Trucking companies can be held responsible for a truck accident

When Chicago drivers take to the roads, they put an immense amount of trust in the other motorists with whom they are driving. A negligent individual can make a choice that results in serious injury for those around them at...more

D&O Insurance Law - 2014 Year in Review

Directors and Officers (D&O) liability and the insurance coverage issues presented by litigation arising from the same continued to be the subject of numerous judicial decisions at the state and federal level during 2014. The...more

Court Of Chancery Explains Interrelationship Of Complaint Theories

This decision explains how various liability theories in a complaint relate to one another so as not to be duplicative. For example, a breach of fiduciary duty claim will be dismissed when it relies on the same facts as a...more

Losses Associated with Cyberattack at Grocery Store do not Override Liability Cap

Grocery stores have been hit with a number of suits by their customers in recent years after a cyberattack of the store leads to a theft of customer financial information. Another type of suit arises frequently when such...more

The Internet of Things: The Inevitable Collision with Product Liability

The IoT – Internet of Things – is undergoing a rapid development that will continue to transform how we interact, conduct business and live our lives. The movement toward IoT’s ubiquitous application and use does not come...more

California Legislature Takes Another Pass at Regulating Drone Operators

As part of our continuing California drone law coverage, today we report on the latest attempt by the California legislature to regulate unmanned aerial vehicles. Introduced yesterday by California State Senator Hannah Beth...more

Looking At Angles Of Liability After A Cyberattack

All employers have personnel data on their information technology systems and devices. This data includes personally identifiable information such as names, addresses, birth dates and Social Security numbers of employees and...more

California Social Host Laws: Be Responsible; Beware Liability

Forget #deflategate, and what the New England Patriots may, or may not have done to balls used in the American Football Conference championship game this year. There's a bigger issue at stake for those planning on throwing...more

Air Emissions May Give Rise to CERCLA Liability

The Pakootas decision appears to be the first in which any federal court has directly addressed this issue. On December 31, 2014, in a case of first impression, Judge Lonny Suko of the U.S. District Court for the...more

Wisconsin Supreme Court Applies Pollution Exclusion to Well Contaminated with Manure

Recently, the Wisconsin Supreme Court held that the pollution exclusion applies to well water contamination arising from the application of manure to nearby farmland, relieving a general liability insurer of its duty to...more

Franchising and Liability Under the FCPA

I am often asked about franchisor liability under the Foreign Corrupt Practices Act (FCPA). Franchising has been a successful model in the US and now many corporations are looking at overseas expansion opportunities....more

Treaty Tip: Clarity In Reinsurance Contracts

Reinsurance agreements commonly contain a dollar limit on the liability of the reinsurer. Both the reinsured and the reinsurer benefit from clarity with respect to such limits. The reinsured benefits by knowing with precision...more

The Expansion of Pennsylvania's Whistleblower Law - What Government Contractors Must Know About This New Liability Threat

Businesses that enter into contracts with state or local government entities in Pennsylvania need to be aware of a new liability threat – lawsuits from employees alleging waste or wrongdoing in connection with the award of...more

What privacy obligations and liabilities for drones?

Privacy breaches and potential liabilities might increase as a consequence of the usage of drones that represent a massive resource in a number of different sectors, but might also trigger some “new” unexpected legal risks....more

Federal District Court Ruling in Fukushima Daiichi Case Has Implications for Global Nuclear Liability Management

A recent ruling in Cooper v. Tokyo Electric Power Company, No. 12-CV-3032, S.D. Cal., Oct. 28, 2014, one of three lawsuits filed in the United States related to the 2011 incident at the Fukushima-Daiichi nuclear power plant,...more

High Court to clarify proportionate liability

Many readers will be aware of the Full Federal Court decisions of Wealthsure Pty Ltd v Selig [2014] FCAFC 64 and ABN AMRO Bank NV v Bathurst Regional Council [2014] FCAFC 65, which are in conflict as to how proportionate...more

SDNY Clarifies Scope of Contractual Exclusions of Consequential Damages Under New York Law

On December 15, 2014, the United States District Court for the Southern District of New York ruled in PNC Bank v. Wolters Kluwer Financial Services that defendant Wolters Kluwer Financial Services ("WKFS") was not liable for...more

Bullying Can Cost Your School – And Your Students, And Their Parents

School bullying is one of the most pressing social, health, and educational concerns facing public and private schools alike. Long-term bullying, left unaddressed by schools or parents, can cause lasting physical and...more

Possible hospital malpractice exposure in Missouri for non-employed physicians

Based on a recent Missouri Court of Appeals case, hospitals need to be aware that they could be liable for the acts or omissions of any physician on their medical staff, if such physician is considered an “employee” of the...more

Designers, Contractors and Insurers Take Note: Recent Amendment to IL Statute of Repose Strips Asbestos Defense, Exposes Decades...

On December 19, 2014 the Illinois legislature amended the Illinois construction statute of repose to eliminate its protection in asbestos exposure cases (Public Act 098-1131). Beginning June 1, 2015, design professionals and...more

Considering the Impact of Driverless Cars

Driverless cars, also called autonomous cars, auto-pilot cars, robo-cars, automated cars, connected cars, self-driving cars, or driver-free cars, can navigate and sense the surrounding environment without human input during...more

District Court Decertifies Class Where Damages Model Did Not Satisfy Supreme Court’s Requirements as Set Forth in Comcast Corp. v....

The United States District Court for the Northern District of California recently granted a defendant’s motion to decertify a class because plaintiff’s damages model was not consistent with his theory of liability as required...more

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