Negligence

News & Analysis as of

11th Circuit Upholds Stent Defense Verdict

It is always nice to win a case, whether by motion or trial. But just in terms of pure exhilaration, it is hard to beat hearing the jury foreperson announce that, after a hard-fought trial, you win. But note that term...more

Michael Hensley and John Lierman Obtain Summary Judgment

Jones, Skelton and Hochuli Partner, Michael Hensley, and Associate, John Lierman, recently obtained summary judgment on all claims in Maricopa County Superior Court, for two Phoenix Police officers and a client restaurant,...more

UK Court Considers Whether Later Conduct Stemming From A Loss Event Should Be Considered A Loss Under An Excess Of Loss...

This case considers an appeal against an arbitration award concerning whether health claims from persons involved in cleaning up the 9/11 World Trade Center site should be considered to be multiple claims or should be...more

Trial Court Slips And Falls In Granting Motion For New Trial

On October 21, 2016, Florida’s Second DCA issued a decision in a slip-and-fall case against Wal-Mart that found the trial court erred when it set aside the jury verdict and granted Plaintiff’s motion for new trial on the...more

SC Court of Appeals Rules Not Every Government Action is a Taking - Landowners may still recover damages

The South Carolina Court of Appeals recently considered the appeal of Claude Graham and Vickie Graham against the Town of Latta, South Carolina, in the case of Graham v. Town of Latta, 789 S.E.2d 71 (S.C.Ct.App. 2016). The...more

Not All Faith-Based Communications Are Protected By The Clergy-Penitent Privilege

The clergy-penitent privilege (also known as the clergy privilege, confessional privilege, priest–penitent privilege, clergyman–communicant privilege, and/or ecclesiastical privilege) is a recognized form of privileged...more

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

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

Association Alone Does Not Equal Causation in Product Liability Cases

Class Action Case Update: Justice Perell's recent decision in Wise v Abbott Laboratories, Limited, 2016 ONSC 7275 addressed a number of key areas of interest for the class action bar....more

Virginia Supreme Court Considers Evidence Necessary to Get Gross Negligence Case to a Jury

Recently, the Virginia Supreme Court issued an opinion in the case of Elliott, Administrator of the Estate of Smith v. Carter. The opinion was authored by Justice Goodwyn and flowed from an appeal of a case that was...more

Idaho Supreme Court Refuses to Modify the Workers Compensation Exclusive Remedy Doctrine

In order to provide near certain relief for employees injured in the course of employment, the Idaho Worker’s Compensation Act withdrew the common law remedies workers traditionally held against their employers. This...more

How to know when a car driver is at fault in a pedestrian accident?

When a pedestrian suffers an accident because of a car, it usually results in significant damage done to the pedestrian with minimal damage to the car. Hence, “Pedestrians should always go first,” People tend to believe that...more

Oklahoma District Court Denies Motion To Stay Action During Defendant’s Insurer’s California Conservation Proceedings

This case involved a personal injury negligence action brought by plaintiffs Cameron David and Shelby Gladd against defendants Satnam Singh and his employer Landmark Logistics, Inc. (“Landmark”) in Oklahoma federal court....more

Florida Banks: Beware of Eleventh Circuit Decision Implications

Banks beware: At the very least in Florida, you may be liable for negligence and “aiding and abetting fraud” to non-customers for trust funds deposited by a bank customer that were obtained by the customer through fraud,...more

Torts – Statute of Limitations – General v. Professional Negligence

Manuel Nava v. Saddleback Memorial Medical Center, et al. - Court of Appeal, Fourth Appellate District (October 18, 2016) - Recently, in Flores v. Presbyterian Intercommunity Hospital (2016) 63 Cal.4th 75, the...more

Modification: Exceptions to Privette Doctrine Do Not Apply Where There is No Evidence a General Contractor Affirmatively...

In a case which was the subject of our Alert dated October 31, 2016 (click here for prior alert), the Court of Appeal of the State of California – Second Appellate District on November 17, 2016 issued a modification to the...more

Missouri Supreme Court resets the rules for collecting leaking underground storage tank cleanup costs in litigation

An impactful decision from the Missouri Supreme Court will likely affect how leaking underground storage tank (“UST”) owners collect cleanup costs from the Petroleum Storage Tank Insurance Fund (“Fund”) in the future....more

Sixth Circuit Sends Flint Water Class Action to State Court Under CAFA’s Local Controversy Exception

On November 16, 2016, the Sixth Circuit held that a state law professional negligence class action against civil engineering companies arising out of the Flint, Michigan water crisis must be litigated in Michigan state court....more

Was Negligence the Cause of the Fatal Hoboken Train Crash?

Tragedy recently struck the New Jersey Transit’s Hoboken Terminal when a speeding train crashed through several safety barriers before ultimately smashing into the passenger depot. One person was killed and over 100 were...more

The Second Appellate District Refuses to Overturn a Jury Verdict Despite Defendant’s Admission of Causation and Bad Judgment

Sassa Minnegren v. Joshua B. Nozar - Court of Appeal, Second Appellate District (October 24, 2016) - In auto collision cases, the law establishes “that every mistake of judgment is not negligence, for mistakes are...more

EPA Plays Defense in Mine Disaster

EPA finds itself in unfamiliar territory as the agency defends its involvement in a multi-state environmental disaster. In 2015, a contractor acting under EPA’s supervision used an excavator to dig away tons of rock and...more

Financial Institutions’ Data Breach Class Action Bounced

I’ve previously blogged about a new breed of data breach class actions filed by financial institutions against retailers (as opposed to customers suing retailers). In these cases, financial institutions claim that retailers...more

Inconsistent Application of Delayed Damages Rule in Negligent Insurance Procurement Cases

It is well-settled in Ohio that negligent procurement claims against insurance agents are subject to the four-year statute of limitations in R.C. 2305.09(D) (a “catch-all” limitations period for tort actions not specifically...more

Jury Applies Georgia’s Business Judgment Rule

On October 25, 2016, a jury in the U.S. District Court for the Northern District of Georgia rejected the Federal Deposit Insurance Corporation’s (FDIC) argument that former directors and officers of The Buckhead Community...more

Exceptions to Privette Doctrine Do Not Apply Where There is No Evidence a General Contractor Affirmatively Contributed to the...

The Court of Appeal of the State of California – Second Appellate District in Khosh v. Staples Construction Company, Inc. (10/26/16 – Case No. B268937) affirmed the trial court’s granting of summary judgment in favor of the...more

Torts – Immunity for Recreational Activities by Private Landowner

Yan Wang et al., v. Gregory Nibbelink, et al. - Court of Appeal, Third Appellate District (October 13, 2016) - Under Civil Code § 846, a landowner is shielded from liability from injuries to recreational users...more

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