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Proximate Cause

Hinshaw & Culbertson - Lawyers for the...

Lack of Proximate Cause Dooms Plaintiff's Appeal of Adverse Summary Judgment

Flanigan v. Herman., 2024 Wash. App. LEXIS 44 (Wash. Ct. App. Jan. 11, 2024) - Brief Summary - The Washington Court of Appeals held that when the facts are undisputed, proximate cause is an issue of law to be decided by the...more

McGlinchey Stafford

HUD Restores 2013 Discriminatory Effects Rule

McGlinchey Stafford on

On March 17, 2023, in honor of Fair Housing Month, the U.S. Department of Housing and Urban Development (HUD) announced it would reinstate the 2013 discriminatory effects rule (the 2013 Rule) (see 24 C.F.R. § 100.500 (2014))...more

Hinshaw & Culbertson - Lawyers for the...

New Jersey Appellate Court Affirms Summary Judgment in Favor of Malpractice Defendants Due to Plaintiff's Failure to Establish...

The Superior Court of New Jersey Appellate Division affirmed a trial court's order granting summary judgment in favor of the defendant attorneys and law firm, ruling that plaintiff had failed to establish that defendants owed...more

Law School Toolbox

Law School Toolbox Podcast Episode 382: Listen and Learn -- Negligence: Proximate Cause

Law School Toolbox on

Welcome back to the Law School Toolbox podcast! Today, we're discussing Proximate Cause – a subtopic of Negligence in Tort Law. In this episode we discuss: >Reviewing the elements of negligence >The two hurdles a plaintiff...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Bivens and Montana Insurance Law

This week, the Court addresses the availability of a Bivens cause of action against federal officials and certifies two insurance law questions to the Montana Supreme Court. The Court holds that a Bivens cause of action...more

Goldberg Segalla

Pump Manufacturer’s Motion for Summary Judgment Denied

Goldberg Segalla on

Supreme Court of New York, New York County - Plaintiff Jane Wixted, individually and as executrix of the estate of decedent Thomas Wixted, filed the instant lawsuit claiming that the decedent was exposed to asbestos in...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Products Liability Series: Does Arkansas Law Recognize a Strict Liability Products Claim?

Does Arkansas law recognize a strict liability products claim? Yes. Despite the absence of any contractual relationship, the supplier of a product in Arkansas is subject to liability in damages for harm to a person or...more

Hinshaw & Culbertson - Lawyers for the...

Illinois Supreme Court Holds Former Client Alleging Legal Malpractice May Recover Punitive Damages Awarded Against it in...

Midwest Sanitary Service, Inc., et al. v. Sandberg, Phoenix & Von Gontard, P.C. et al., 2022 IL 127327 (Sept. 22, 2022) Brief Summary - The Illinois Supreme Court held that defendants' former client can seek to recover...more

Goldberg Segalla

After Nemeth, NY Courts Require Stringent Analysis of Proof to Establish Causation in Asbestos Matters. Will Other Jurisdictions...

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As previously reported in Goldberg Segalla’s Asbestos Case Tracker — (NYCAL Verdict Against Talc Product Manufacturer Reversed on Causation Grounds – Asbestos Case Tracker) — the New York Court of Appeals recently overturned...more

Goldberg Segalla

New Jersey Supreme Court Reverses Appellate Division and Reinstates Plaintiff’s Verdict

Goldberg Segalla on

New Jersey Supreme Court, June 30, 2022 - In this asbestos action, decedent Willis Edenfield (“Edenfield”) commenced a failure to warn product liability action against defendant Union Carbide. The Appellate Division...more

Fox Rothschild LLP

Business Court Finds that Alleged Lack of Diligence by Law Firm Had No Impact on Large Trial Court Loss

Fox Rothschild LLP on

Facing a $12.8 million judgment, a plaintiff sought recourse in a legal malpractice claim against his trial counsel for its alleged role in that unhappy result. But his undoing was the Business Court’s focus on whether he...more

Melito & Adolfsen

The Johnny Depp and Amber Heard Case Show the Importance of Special Verdicts or Answers to Written Questions in Jury Verdicts

Melito & Adolfsen on

The defamation cases brought by Johnny Depp and Amber Heard against each other, entertaining as they were to many Americans, involved complex issues of law as applied to the facts alleged by the parties. For the jury to reach...more

Venable LLP

Vanessa Bryant v. County of Los Angeles, et al.

Venable LLP on

More than two years have passed since the tragic helicopter crash that killed basketball player Kobe Bryant, his daughter Gianna Bryant, and all others on board the January 26, 2020 flight. Since that time, several cases...more

Goldberg Segalla

Appellate Court Affirms in Part, Remands Trial Court’s Ruling Regarding Mask Manufacturer’s Negligence

Goldberg Segalla on

Court of Appeals of Washington, Division One, May 9, 2022 - In January 2020, the plaintiff, Larry Roemmich, sued 3M, among others, for product liability and negligence based on his diagnosis of mesothelioma, which he...more

Goldberg Segalla

Denial of Floor Tile Manufacturer’s Motion for Summary Judgment

Goldberg Segalla on

From 1964 to the early 1970s, the plaintiff worked as a carpenter with his brother-in-law and the Carpenter’s Union, Local 257.  From 1969 to his retirement in 2007, he worked as a carpenter at commercial and residential...more

Goldberg Segalla

Caused, in Whole or In Part, By: Additional Insured Coverage in the Wake of Burlington v. NYCTA

Goldberg Segalla on

Obtaining additional insured coverage is one critical tool in the risk transfer toolbox. Owners and contractors on construction projects routinely ask “downstream” contractors and subcontractors to sign contracts wherein the...more

Miller Nash LLP

Tricky Insurance Endorsements Can Weaken Your Liability Coverage

Miller Nash LLP on

Every contractor and subcontractor is required to carry liability insurance referred to as Commercial General Liability or “CGL” coverage. These policies are fairly standardized and most people assume that the coverage that...more

Goldberg Segalla

Plaintiffs Judgment Against Joint Compound Manufacturer Affirmed on Appeal

Goldberg Segalla on

Court of Appeals of Washington, Division One, February 22, 2022 - The plaintiffs, Raymond Budd and his wife, sued Kaiser Gypsum Company, Inc. (Kaiser) and others for damages, alleging that Kaiser’s joint compound product...more

Troutman Pepper

Second Circuit Decision Potentially Broadens RICO Proximate Cause Element - RICO Report Podcast

Troutman Pepper on

The Second Circuit Court of Appeals recently issued an opinion in Alix v. Mckinsey & Co. that may fundamentally broaden the proximate cause element of claims brought under the Racketeer Influenced and Corrupt Organizations...more

Zelle  LLP

California Wildfires - Underwriting Considerations

Zelle LLP on

Wildfires in California are, unfortunately, burning as frequently and as ferociously as ever. Exemplified by the 2017, 2018, and 2020 wildfire seasons, the number of wildfires in the last 5 years stands at a staggering 85,028...more

White and Williams LLP

Can You Prove It? New Jersey Court Holds That Plaintiff Alleging Negligent Destruction of Evidence Failed to Sufficiently Prove...

White and Williams LLP on

In 27-35 Jackson Ave., LLC v. Samsung Fire & Marine Inc. Co., No. A-2925-19, 2021 N.J. Super LEXIS 120, the Superior Court of New Jersey, Appellate Division (Appellate Division) considered whether the lower court properly...more

Hinshaw & Culbertson - Insights for Insurers

Double Tic-Tac-Toe: Insurers Have Now Prevailed in The First Six U.S. Court of Appeals Decisions Regarding COVID-19 Coverage

Racking up three more victories at the U.S. Court of Appeals for the Ninth Circuit, insurers have now prevailed in the first six decisions of United States Court of Appeal. Each of these decisions have affirmed the dismissal...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Fair Housing and "Solid Waste"

This week, the Court clarifies the Fair Housing Act and Resource Conservation Recovery Act. CITY OF OAKLAND V. WELLS FARGO & COMPANY The en banc Court holds that Oakland failed to adequately plead proximate cause...more

Freeman Law

Texas Law and Tortious Interference with Prospective Business Relations

Freeman Law on

Tortious interference with business relations involves a third party using false claims against a business in order to drive business away or prevent the business from entering a relationship with another party. The key...more

Schiffer Hicks Johnson

Are Public Nuisance Claims the Next Super Torts?

Schiffer Hicks Johnson on

Public nuisance claims have long been understood to rest on “an unreasonable interference with a right common to the general public.” Typically, litigation sought recovery for damages in connection with (among other...more

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