News & Analysis as of

State Law Tort Claims

Lewis v. Clarke And The Failed Expedition To Secure Tribal Rights: SCOTUS Rules Against Tribal Employee Immunity

by Fisher Phillips on

The U.S. Supreme Court unanimously ruled yesterday that tribal sovereign immunity does not apply to employees who are sued in their individual capacities, even if the alleged wrongdoing occurs while the employee is acting...more

Strict Adherence to the Government Claims Act is Required

by Low, Ball & Lynch on

J.M., a Minor, etc. v. Huntington Beach Union High School District - Supreme Court of California 2 Cal.5th 648 (March 6, 2017) - Government Code sections 810 et seq. (“The Act”) set forth the procedures and...more

What’s That Smell? An Examination of Legal Developments Related to Formaldehyde Products

Is that formaldehyde you smell in your newly floored sunroom? Hopefully, it is not. Formaldehyde is a colorless, flammable, strong-smelling chemical used in construction and household products, such as cabinets, furniture,...more

Caveat creditor: Risks of filing an involuntary bankruptcy

by Thompson Coburn LLP on

When faced with a recalcitrant debtor, clients sometimes move too quickly to put the debtor into an involuntary bankruptcy, especially when fraudulent transfers and other creditor avoidance attempts become apparent. But...more

Blurred Lines: Texas Supreme Court Applies Hazy Distinction Between Workplace Harassment And Assault

by Fisher Phillips on

The Texas Supreme Court recently blurred the distinctions between harassment and assault claims as they apply to employer liability under the state’s antidiscrimination statute. In considering whether a plaintiff is required...more

Voluntary Dismissal of Contract Claims Leads to Involuntary Payment of Attorneys’ Fees

by Selman Breitman LLP on

Recently, in Khan v. Shim, No. H041608 (Cal. Ct. App. Dec. 29, 2016) (“Khan”), the California Court of Appeal held where a plaintiff voluntarily dismisses an action involving contract and tort claims, Civil Code section 1717,...more

Half-Baked: Phillips Exeter, Sexual Assault, And A Recipe For Disaster

Considered one of the country’s most elite prep schools, Phillips Exeter Academy has recently joined the queue of prestigious private schools who have been accused of having ignored, suppressed, or minimized claims of sexual...more

Settling Defendants Beware: Eleventh Circuit Holds Settling Insurer Liable for Failure to Protect Medicare Payments Made by...

Congress created an uproar among personal injury tort defendants and their insurers when it passed the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA) less than 10 years ago. The $1,000 per day fine for failure to...more

The Federal Defend Trade Secrets Act vs. The California Uniform Trade Secrets Act

Although some version of the Uniform Trade Secrets Act (“UTSA”) has widely been adopted by most states, including California, variations among the versions and related judicial interpretation has led to...more

Gavel to Gavel: Add a box to your termination checklist

by GableGotwals on

A recent decision from the Oklahoma Supreme Court adds new considerations to the list of items employers should examine before terminating an employee. In Moore v. Warr Acres Nursing Center , the court significantly...more

Teacher’s Verbal Abuse of Student Does Not Rise to “Conscious-Shocking” Level Necessary to Support Due Process Claim

by Tucker Arensberg, P.C. on

L.H. and C.H. v. Pittston Area Sch. Dist., 130 F. Supp. 3d 918 (M.D. Pa 2015) (Decided September 10, 2015). The District Court for the Middle District of Pennsylvania determined that verbal abuse by a teacher, by itself,...more

Update Your Employee Termination Review Checklist

by GableGotwals on

On March 8, 2016, the Oklahoma Supreme Court significantly expanded the reach of the infamous Burk public policy wrongful discharge tort claim in Moore v. Warr Acres Nursing Center, LLC, 2016 OK 28. Here’s the key takeaway...more

The Fifth Circuit Forecasts Mississippi Law on Non-Contractual Indemnity

by Butler Snow LLP on

On May 5, 2016, the Fifth Circuit forecasted whether a non-contractual indemnity claim under Mississippi law should be premised on agency or tort theory. In David v. World Marine, L.L.C., No. 15-30464, 2016 WL 2609791, 2016...more

Senate Version of Federal Aviation Administration Reauthorization Preempts Local Drone Regulations

by Buchalter on

On March 17, 2016, the Commerce, Science and Transportation Committee of the United States Senate approved amendments to the most recent funding legislation for the Federal Aviation Administration (“FAA”), the FAA...more

Federal Preemption Narrowed For Aviation Suppliers In Sikkelee v. Precision Airmotive Corp.

by Cozen O'Connor on

On April 19, 2016, the Third Circuit Court of Appeals issued its opinion on the issue of federal preemption in Sikkelee v. Precision Airmotive Corp. The sixty-one page opinion effectively narrowed the scope of federal...more

The Nature of Workers’ Compensation as Affected by Pain and Suffering

by Partridge Snow & Hahn LLP on

Under the Massachusetts Workers’ Compensation Act, M.G.L. c. 152, § 1, et seq., particularly § 15, an employee who is injured in a work-related incident due to the acts of an unrelated third party may seek redress of that...more

Second Circuit Tosses Out Time-Barred Copyright Claims Against Jay Z

Last month, the Second Circuit Court of Appeals affirmed a New York judge’s decision to dismiss federal copyright and state tort law claims alleged against the hip-hop icon, Jay Z, and his affiliated companies. Mahan v. ROC...more

Government Inaction May Give Rise to Claim for Condemnation Compensation

by Pessin Katz Law, P.A. on

In a case of first impression in Maryland, the Court of Appeals, Maryland’s highest court, (the “Court”) held on January 22, 2016, that as a preliminary and procedural matter, government failure to act may give rise to a...more

Remembering Scalia, Remembering Riegel

by Reed Smith on

For the second time in a week we are considering a former professor at our law school, though this occasion swims in sorrow. Before he became a Justice on the Supreme Court, before he became a Judge on the DC Circuit, Antonin...more

Alabama Supreme Court Follows Line of Recent Federal Court Decisions Holding That Alabama Law Does Not Recognize a Cause Of Action...

by Balch & Bingham LLP on

As Chief Judge Steele in the Southern District of Alabama recently put it, “a veritable avalanche” of recent federal cases has found that Alabama law does not recognize a cause of action for negligence or wantonness in the...more

Illinois Supreme Court Narrows Ability for Employees to Sue for Alleged Occupational Diseases

by Polsinelli on

On November 4, 2015, in the case of Folta v. Ferro Engineering, 2015 Il 118070 (2015), the Illinois Supreme Court strengthened the exclusivity provision of the Illinois Workers' Compensation Act and Illinois Occupational...more

ANDA Update - October 2015

by McDermott Will & Emery on

Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

Omitted Inventors May Have Standing To Seek Patent Correction Based On “Reputational” Injury

by Brooks Kushman P.C. on

The U.S. Court of Appeals for the Federal Circuit recently ruled that a plaintiff not named as a joint inventor on several patents and pending patent applications has standing to maintain an action to correct inventorship...more

"SLUSA in the Age of Madoff"

Litigation arising out of Bernard Madoff's Ponzi scheme has generated multiple legal developments, including new case law regarding the Securities Litigation Uniform Standards Act of 1998 (SLUSA). SLUSA provides a powerful...more

New Jersey’s Appellate Division Holds State May Be Liable for Cleanup Costs under New Jersey’s Spill Act

by Blank Rome LLP on

Action Item: On August 26, 2015, in a case of first impression, the Appellate Division of the New Jersey Superior Court in NL Indus., Inc. v. State of New Jersey, No. A0869-14T3, 2015 N.J. Super. LEXIS 161 (N.J. Super. Ct....more

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