Strict Liability

News & Analysis as of

Strict Liability for Dog Bites in California

If you or a loved one is the victim of a dog bite in the San Fernando Valley, you may be able to recover compensation for your damages. Consult an experienced and qualified personal injury attorney as soon as possible after...more

Massachusetts High Court Expands Strict Liability for Building Code Violations

In an April 10, 2014, decision that expressly overruled its own 15-year old precedent, the Massachusetts Supreme Judicial Court has held that the owner of a building used as a place for a large number of people to gather will...more

Eleventh Circuit Recognizes Important Exception to the Eight Corners Rule

Florida courts generally adhere to the Eight Corners Rule when determining whether an insurer has a duty to defend its insured. Under this rule, the duty to defend determination is made by looking only at the terms within...more

Legislature acts on dog bite liability – Landlords happy. Dog owners? Not so much.

After several failed attempts in prior legislative sessions to take action against the Court of Appeals holding in the 2012 “pit bull” case of Tracey v. Solesky the legislature finally succeeded in passing a new dog bite...more

Eleventh Circuit Adopts Seventh Circuit Jurisprudence Imposing Strict TCPA Liability on Autodialed and Prerecorded Calls and Texts

The United States Court of Appeals for the Eleventh Circuit issued a decision in Osorio v. State Farm Bank aligning that court with the Seventh Circuit on how Telephone Consumer Protection Act (TCPA) restrictions on automated...more

Appellate Court Notes - Week ending March 24

SC18996 - Meyers v. Livingston, Adler, Pulda, Meiklejohn & Kelly, P.C. This case arrived from a divided Appellate Court where some jurist opined that the plaintiff’s attorney malpractice claims sounded solely in tort,...more

She Matters - Winter 2014

In This Issue: - The Aggregates Levy: Exemptions On Rocky Ground - Strict Liability, Or Not? - Conflict Minerals – European Developments - European Union Signs Minamata Convention On Mercury - Wildlife Law...more

Florida Criminal Law Update: Florida Appeals Court Declares Strict Liability Statute Unconstitutional

On February 16, 2014, Florida’s Fifth District Court of Appeal issued its opinion in Florida v. Thomas, affirming the decision of the Circuit Court of Orange County declaring a portion of Florida’s “Counterfeiting a Payment...more

Weekly Law Resume - The Sophisticated User Defense Does Not Automatically Apply to an Employee of a Sophisticated Employer

Anne Pfeifer v. John Crane, Inc. - Court of Appeal, Second Appellate District, Division Four (October 29, 2013) - JCI appealed from a judgment awarding plaintiffs William and Anne Pfeifer over $21 million dollars in...more

The Fuss Over Fracking: An Examination of the Insurance Issues Associated with Hydro-Fracking

Hydraulic fracturing, commonly referred to as “fracking,” is a drilling process used to extract underground oil or natural gas trapped in hard to reach shale rock formations deep in the earth. The process involves well...more

Appellate Court Notes - Week of December 23

AC34963 - Compassionate Care, Inc. v. Travelers Indemnity Co. - The plaintiff was in the business of maintaining a list of nurses it referred out, as needed, to hospitals and nursing homes. It did background checks on...more

ALJ Rules Mine Operators Do Not Have Right to Perform Pre-operational Examinations of Equipment Prior to MSHA Inspection, Citing...

In an opinion issued on December 10, 2013, Federal Mine Safety and Health Review Commission Administrative Law Judge Richard Manning ruled that allowing operators to perform examinations of mobile equipment immediately prior...more

CERCLA’s Broad Sweep of Liability For Owners

Some decisions are valuable not because they make new law but because they reaffirm well known principles of law. City of Banning v. Dureau is one such decision. There, a federal district court in California ruled that an...more

Economic Loss Doctrine and Negligent Misrepresentation Claims

In almost every state, the economic loss doctrine prevents claimants from pursuing tort claims that arise from solely economic injuries; instead, the doctrine requires that claimants pursue these purely economic claims...more

Strict Liability In Car Accident Cases

Sometimes accidents happen even when all the parties involved take reasonable care. This is especially true for certain inherently dangerous activities that always carry some risk regardless of how carefully they are...more

Employment Newsletter - October 2013: U.S. Supreme Court Limits Who Qualifies as a “Supervisor” under Title VII

On June 24, 2013, the United States Supreme Court in Vance v. Ball State University, 133 S.Ct. 2434 (2013), issued one of the most important decisions on workplace harassment under Title VII of the Civil Rights Act since it...more

Adapting to a New Era of Strict Criminal Liability Enforcement under Pennsylvania’s Environmental Laws

Attorney General Kathleen Kane’s recent actions concerning the application of strict liability criminal offenses under Pennsylvania’s environmental laws present a new challenge for the oil and gas industry in Pennsylvania....more

Second Circuit Rejects Strict Liability But Imposes Reasonable Care Standard on Disclosure of Personal Motor Vehicle Information

In a lengthy opinion that closely examined the legislative history of the Driver’s Privacy Protection Act (DPPA), the Second Circuit refused to impose strict liability on data brokers and resellers of personal information...more

Supreme Court Clarifies When an Employee is a Supervisor Under Title VII

In a 5-4 decision that represents a major victory for employers, the U.S. Supreme Court held that an employee must have the power to take tangible employment actions against another worker in order to be considered a...more

Western District Joins Courts Strictly Enforcing Telephone Consumer Protection Act

In American Copper & Brass Inc. v. Lake City Industrial Products Inc., the United States District Court for the Western District of Michigan joined numerous other federal courts, holding that the Telephone Consumer Protection...more

Supreme Court Decides Important Employment Issues: Who is a "Supervisor" for Assessing Workplace Harassment Claims and What Test...

INTRODUCTION. The U.S. Supreme Court has issued two significant employment decisions: Vance v. Ball State University (addressing the issue of who is properly called a "supervisor" when assessing workplace harassment claims);...more

U.S. Supreme Court Answers Question Left Open by Faragher and Ellerth: Adopts Definition of "Supervisor" for Purposes of Title VII...

On June 24, 2013, the United States Supreme Court issued a decision in Vance v. Ball State, limiting the definition of "supervisor" as it relates to an employer's vicarious liability in Title VII harassment cases under the...more

Federal Court Rules That Issuers Face Strict Liability for Erroneous Statements About Legal Compliance in Registration Statements,...

A recent federal appeals court decision addressing pleading standards for shareholder suits under Section 11 of the Securities Act of 1933, as amended, highlights the potential dangers of giving broad assurances of legal...more

The Ralph Lauren FCPA Case: Are There Any Limits to Parent Corporation Liability?

Much of the coverage of the recent Foreign Corrupt Practices Act case against Ralph Lauren Corp. (RLC) focused on the fact that both the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) awarded it...more

Spotlight On The SCRA (Part 2 Of 3): Ensuring Compliance

Recent enforcement activity has demonstrated the agencies have taken to viewing the SCRA as a strict liability statute. This shift in interpretation makes financial institutions legally responsible for compliance with the...more

31 Results
|
View per page
Page: of 2