Negligence

News & Analysis as of

Murray v. Farmers Insurance Company

Murray v. Farmers Insurance Company Arizona Court of Appeals, Division Two, January 19, 2016 - Court of Appeals Addresses Insurance Agent Negligence Claim; Plaintiff May Claim Emotional Damages - For years, the...more

Casino Owner Sues Cybersecurity Services Provider, Alleging Botched Response to Data Breach

On December 24, 2015, Nevada casino owner Affinity Gaming filed suit against Trustwave in federal district court, alleging that Trustwave failed to contain and remediate a data breach at Affinity Gaming. ...more

Contractual Assignees Are Not Subject To Equitable Subrogation Rule Of Superior Equities

In AMCO Ins. Co. v. All Solutions Ins. Agency (No. F070038, filed 2/8/16), a California Court of Appeal held that claims against an insurance broker for failure to procure requested coverage are assignable, and that express...more

Railroad Commission Not Off the Hook for Plugging the Wrong Well

“You are my friend, kind of.” Hush Puppy, as she stares down the Aurochs in Beasts of the Southern Wild. Is our “friend” the Texas Railroad Commission? Gulf Energy bought a package of offshore wells out of bankruptcy....more

Fraud Claims Not Covered By Standstill Agreement

A standstill agreement that postponed claims that a party "has or may have against the other" did not cover fraud claims. The old epithet "fraud unravels all", although too general and inexact a phrase to be taken simply at...more

Texas Court of Appeals Holds Property Owner’s Negligence Claim Against Design Professional Barred by Economic Loss Rule

In A&H Properties Partnerships v. GPM Engineering [(2015) No. 03-13-00805-CV], the Texas Court of Appeals decided whether a property owner could maintain a direct action for negligence against a project designer hired by the...more

Are "Bring Your Gun To Work" Policies A Good Idea?

As the national debate roils about how to handle the problem of gun violence in modern American society, employers are asking whether it makes sense to allow employees to carry firearms at work. Although office killings have...more

Litigation Watch: Can a Third-Party Vendor Be Left Holding the Bag After a Breach?

Many organizations, particularly those outside of the technology sector, rely heavily on third-parties—including cyber security specialists, lawyers, and public relations firms—to help pick up the pieces after a data breach. ...more

Rehitching the Horse: Oregon Court of Appeals Adjusts the Anti-SLAPP Cart

Although Oregon is in its 15th year of anti-SLAPP litigation under a decidedly robust statute, no Oregon appellate court had ruled on how to decide when Oregon’s anti-SLAPP statute applies until the recent decision in Mullen...more

Court of Appeals Addresses Insurance Agent Negligence Claim; Plaintiff May Claim Emotional Damages

For years, the Murrays bought minimum limits vehicle insurance, including minimum UM/UIM from agent Jones. Then they gradually began increasing their limits. They testified that when they discussed UM/UIM coverage with Jones,...more

Late Amendments that should not have been allowed

In the case of Ali v Siddique [2015] EWCA Civ 1258, the Court of Appeal overturned a decision of the lower court where the Claimant had been granted permission to amend its Particulars of Claim at a very late stage, on the...more

Canadian Employment News Series - January 2016: Top 10 Canadian Employment Law Cases of 2015

With 2015 now behind us and our sights set on 2016, we have compiled the following list of ten significant Canadian employment law cases from 2015. This roundup is a cross-section of decisions from across the country,...more

Diagnosing the Causes of Medical Malpractice

A patient visits their physician in a time of great need. Whether for treating a back injury, or removing a cancerous tumor, a patient must be able to trust their physician with their health. In some cases, their very lives...more

Summary of California Appellate Decisions - January 2016

Insurance Coverage; Vandalism and Malicious Mischief Exclusion - Hung Van Ong v. Fire Insurance Exchange (2015) 235 Cal.App.4th 901, 185 Cal.Rptr.3d 524 - Facts: The insured had a vacant apartment building....more

Maryland Expands the Potential for Manufacturer Liability in Failure to Warn Cases by Adopting an Exception to the Bare Metal...

Product manufacturers in Maryland have successfully argued for at least the last 16 years that, in terms of warnings, they are only responsible for products that they themselves have placed in the stream of commerce. In other...more

Resource for Doing Business in the U.S. – Installment #5 – Products Liability

Many people have heard about the lawsuit in which a consumer won a substantial verdict against McDonalds over a burn from a cup of hot coffee. Last year, General Motors faced claims due to a faulty ignition switch that shut...more

Illinois Appellate Court Reinforces Rule Providing Immunity to Attorneys for Errors in Judgment

Judgmental immunity is alive and well in Illinois. Navar v. Tribler, Orpett & Meyer, P.C., 2015 WL 6163619 (Ill. App. Ct. Oct. 19, 2015). A recent Illinois appellate court decision held that a rule affording...more

Court of Appeal overturns decision in Titan 2006-3 v Colliers in finding that valuer in CMBS structure was not negligent - Court...

In the last edition of Banking Disputes Quarterly, we reported that the Court of Appeal was due to consider the Commercial Court's ruling in Titan Europe 2006-3 plc v Colliers International UK plc [2015] EWCA Civ 1083. The...more

When do healthcare defendants want to be accused of malpractice?

Most injury or wrongful death cases against hospitals, health care facilities, and health care practitioners are governed by the procedures in Fla. Stat. 766, also known as the Medical Malpractice Act. This Act itself is...more

The New One-Two Is Back

A couple of years ago the one-two punch was all the rage in prescription drug cases. “One-two punch” has been our moniker for decisions where plaintiffs ingested only generic drugs, but tried to hedge their bets, given the...more

Limitations and Notice Requirements for Tort Claims Against Government Entities

Alabama - Source of Government Immunity - - Claims against State: Ala. Const. art. I, §14. ..State is immune from tort actions. ..Bars (1) claims against the State, (2) claims against a State agency, (3)...more

Illinois Claim for Aiding and Abetting Client's Breach of Fiduciary Duty Time-Barred

Brief Summary - The plaintiff, a shareholder of limited liability company (LLC), filed an action against a law firm and one of its lawyers, alleging they aided and abetted other shareholders in breaching their fiduciary...more

See You In Court – January 2016

At the time, it seemed like a good idea. The Nutmeg Public Schools have long cherished its friendship with its sister city of Nutmeg, Belgium, and after years of discussion and months of planning, last summer the Nutmeg...more

The Erosion of Charitable Immunity for Virginia’s Colleges and Universities and What it Means for the Administrators and Trustees...

Historically, Virginia courts have treated non-profit colleges and universities as charitable institutions which are insulated from liability for simple negligence. This rule (known as the doctrine of “charitable immunity”)...more

Getting Coverage for your Property Loss— Consider the “Efficient Proximate Cause.”

Woodland Hills personal injury attorney has significant experience in insurance and insurance coverage. Often, the ability to understand and access insurance coverage is a key component in a successful recovery in a large...more

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