Negligence

News & Analysis as of

Release of Liability of Company’s Own Ordinary Negligence Valid

In Grebing v. 24 Hour (filed 1/29/15, Case No. B255866), the California Court of Appeal, Second Appellate District, upheld the validity of 24 Hour's release of liability for its own negligence and further affirmed that 24...more

Torts – Negligence – Assumption of the Risk

Robert Fazio, Jr. v. Fairbanks Ranch Country Club - Court of Appeal, Fourth Appellate District (January 29, 2015) - Primary assumption of the risk completely bars a plaintiff’s recovery. However, summary...more

A novel question of duty – Philip Davison Sebry v Companies House and The Registrar of Companies

The Claimant, Philip Sebry, formerly Managing Director of Taylor & Sons Limited (‘Company’), brought a claim for damages for negligence and breach of statutory duty against Companies House and the Registrar of Companies...more

New Jersey Appellate Division Holds that Affidavit of Merit Must be Issued by a Professional within the Same Profession as...

Hill International, Inc. v. Atlantic City Board of Education, 2014 N.J. Super. LEXIS 177 (App. Div. Dec. 30, 2014) - The Superior Court of New Jersey, Appellate Division held that, in order to support of claim of...more

Mixing Concrete, Like Baking a Cake, is Fraught with Problems When the Recipe is Not Followed

“Mixing concrete, like baking a cake, is fraught with problems when the recipe is not followed.” – Justice Kenneth Yegan, State Ready Mix, Inc. v. Moffatt & Nichol, California Court of Appeal for the Second District, Case No....more

New Jersey Supreme Court Erects New Hurdle for Harassment Plaintiffs To Overcome

Last week, the New Jersey Supreme Court analyzed the impact of an employer’s anti-harassment policy on an employee’s claims of negligence, recklessness and vicarious liability against employers under the New Jersey Law...more

Florida Supreme Court Holds That Exculpatory Clauses Are Not Required To Include The Terms “Negligence” Or “Negligent Acts” In...

The Supreme Court of Florida in Sanislo v. Give Kids the World, Inc., --- So. 3d ----, 2015 WL 569119 (Fla. Feb. 12, 2015), distinguished indemnity agreements from exculpatory clauses and declined to apply the specificity...more

Top Ten Finance Litigation And Regulatory Decisions Of 2014

A summary of the most interesting banking litigation and regulatory decisions from 2014. The selection is necessarily subjective and draws from a wide range of cases and developments that are of direct relevance to finance...more

Idaho Real Estate & Development Law Update: No Action for Negligence When a Title Company Errs in Preparing Legal Description for...

In the case of Cummings v. Stephens released September 19, 2014, the Idaho Supreme Court reiterated some settled rules about when a title insurance company can be found liable for negligence. In the case, a title company...more

Boon to New Jersey Employers: State Supreme Court Confirms that Federal Faragher/Ellerth "Affirmative Defense" Now Applies to...

On February 11, 2015, New Jersey's Supreme Court formally decided an important issue left open for nearly two decades concerning New Jersey's Law Against Discrimination (LAD). In Aguas v. State of New Jersey, __ N.J. __, No....more

A New Wave – Eleventh Circuit Rejects “Barbetta Rule,” Opts for Cruise Line Liability

What happens if a passenger gets sick on a cruise ship and the treating physician, employed by the cruise line, is negligent in caring for the passenger? Is the cruise line liable?...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

Real Property, Financial Services & Title Insurance Update: Week Ending January 30, 2015

REAL PROPERTY UPDATE - Restrictive Covenants: restrictive covenant providing that an ostentatious site feature, which “may be offensive to adjacent neighbors is unacceptable” was improperly interpreted by architectural...more

Pennsylvania Supreme Court Denies Appeal In Coverage Dispute; Superior Court Decision Recognizing a Duty to Defend Where Tort...

In a per curiam decision without a published opinion, the Pennsylvania Supreme Court denied National Union Fire Insurance Company of Pittsburgh’s (“National”) appeal from a Superior Court decision holding that National had a...more

Recent Cases on Clean Air Act Preemption of Common Law Torts Upend Conventional Wisdom

Two recent appellate-level decisions allowing state common law tort claims against an intrastate emitting source to avoid Clean Air Act (CAA) preemption have surprised many CAA litigators. The outcome in both Bell v....more

Client Advisory: First Responders' Liability to be Clarified in New Trial Barring Blame of Plaintiff for Prior Contributory...

On January 23, 2015, the Court of Appeal published its opinion in Harb v. City of Bakersfield, et al., a case regarding an incident that occurred almost a decade ago. The opinion clarified how juries can be instructed in...more

Alien Tort Case Development: Ninth Circuit Affirms Dismissal of Claims Against Occidental Petroleum

In mid-December, the Ninth Circuit Court of Appeals affirmed the dismissal of claims filed pursuant to the Alien Tort Statute (“ATS”) against Occidental Petroleum. Plaintiffs in the case argued that Occidental should be held...more

UK: Media – Sotheby’s auction house wins High Court battle over ‘Caravaggio’ painting

A claim for compensation against Sotheby’s auction house over the sale of a disputed ‘Caravaggio’ painting has been thrown out of the High Court...more

Construction Case Law Update - January, 2015

FLORIDA STATE CASES - Slavin Doctrine; Design Contracts - Under the Slavin doctrine, a subcontractor design company was not liable despite negligently designing intersection traffic lights that resulted in a fatal car...more

Indemnification by Insurance Precluded under Wyoming Anti-indemnity Statute in Oil & Gas Personal Injury Coverage Dispute

On December 19, 2014, the Federal District Court in Wyoming issued a decision in Lexington Insurance Company v. Precision Drilling Co., LP, et al. , D. Wyo., Case No. 12-cv-070-J, extending the reach of the anti-indemnity...more

California Expands the Duty of Professional Consultants

Professional consultants and sub-consultants provide essential services to a Project during its planning, design, construction, and acceptance. In some jurisdictions, they enjoy protections from liability for “economic...more

New York State Court Dismisses Construction Manager’s Third Party Claims Against Subcontracting Geotechnical Engineer

In Board of Mgrs. of the A Bldg. Condo. v. 13th & 14th St. Realty, LLC, 2014 N.Y. Misc. LEXIS 5632; 2014 NY Slip Op 33353(U) (New York Cty. Sup. Ct. Dec. 18, 2014), Hudson Meridian Construction Group, LLC, s/h/a Hudson...more

The Demise of the Economic Loss Rule in Construction Defect Litigation

The Massachusetts Supreme Court recently held in Wyman v. Ayer Properties, LLC, that the “economic loss rule is not applicable to the damage caused to the common areas of a condominium building as a result of the builder’s...more

Pennsylvania Supreme Court Formally Adopts “Gist of the Action” Doctrine

Pennsylvania’s “gist of the action” doctrine prohibits plaintiffs from pursuing tort claims for what are, in actuality, breach of contract claims. A variety of defendants, including those in the financial services industry,...more

Gist of the Action Doctrine May Not Bar Tort Claims Arising from Negligent Performance of Contractual Duties

On December 15, 2014, the Pennsylvania Supreme Court broke its long silence on the gist of the action doctrine when it issued its decision in Bruno v. Erie Insurance Co. The gist of the action doctrine precludes a plaintiff...more

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