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Business Torts Personal Injury

Read Business Torts updates, news, and legal commentary from leading lawyers and law firms:

Defence + Indemnity: December 2017 - I. Insurance Issues D.

by Field Law on

I. INSURANCE ISSUES - D. An insurer-appointed defence counsel will be in conflict of interest if the interests of the insurer and the insured are not in alignment, and in such cases the Court may appoint independent...more

Charges By Law Firm-Owned Vendors Challenged In Putative Client Class

by Carlton Fields on

Plaintiffs signed engagement letters with the law firm Finkelstein & Partners (the “law firm”) to represent them in two separate personal injury lawsuits on a contingency basis. ...more

Supreme Court of Canada holds banks liable in fraud scheme

by Dentons on

In a recent Supreme Court of Canada (SCC) decision, the SCC reinforced its position regarding the allocation of liability in cases involving fraudulent cheque schemes. In a narrow 5-4 decision, the majority held that...more

Interim Adverse Judgment Rule Averts Malicious Prosecution Claim

by McDermott Will & Emery on

The California Supreme Court found that the denial of summary judgment in an underlying trade secrets misappropriation action established sufficient probable cause to bring an action under the California interim adverse...more

Michigan No Fault Auto Insurance Benefit Denials up 236%

by Michigan Auto Law on

Insurers scream “No-Fault fraud,” even as they cause huge spike in Michigan No-Fault benefit denials and cut-offs of car crash victims - There’s going to be a number of No-Fault reform legislative proposals expected to be...more

Tips for Avoiding Disparagement of a Competitor

by Revision Legal on

In the broadest sense, commercial disparagement involves advertising or other public statement including false or misleading information about a business that discourages consumers from buying from or dealing with that...more

Business Litigation Alert: "No Objection - Why Tort Lawsuits in the U.S. are Declining"

by Porter Hedges LLP on

According to a recent Wall Street Journal article, the number of tort lawsuits filed in the U.S. is rapidly declining. In its analysis of data from the National Center for State Courts, the WSJ found that less than two out...more

A Potential New Application of Defamation by Implication: Media Layout and Accompanying Images at Issue in ISIS Antiquities...

by Akin Gump - Excubitor on

On Monday, July 17, 2017, world-renowned antiquities dealer Hicham Aboutaam sued the parent company of a popular newspaper alleging that a story it published defamed him. The article, titled “Prominent Art Family Entangled in...more

The Right to Seclusion of Personal Facts vs. Public Opinion

Unhappy with the valuation determination by Zillow’s Zestimates, a builder and related parties have initiated a class action suit against Zillow Inc. and Zillow Group, for class action complaint for (a) violation of the...more

Torts & Insurance Cases from the 4th Circuit Court of Appeals

by Nexsen Pruet, PLLC on

Each month, Nexsen Pruet attorney Marc Manos, a member of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the area of Torts &...more

Recovery of Prejudgment Interest in Negligence Actions in Florida

Florida legislators are considering a bill that would allow Plaintiffs to recover prejudgment interest (“PJI”) in negligence actions. Exposure for Defendants may increase significantly if these legislative efforts are...more

Chris Lazarini Discusses Whether Defamatory Statements Constitute Libel Per Se

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini discussed a case where defendant carried out a personal vendetta against the plaintiff following plaintiff's report against defendant for violations of securities laws. Following...more

Guest Post – Tis Better to Try and Fail, Then to Have Never Tried At All: Internal Corporate Policies Do Not Create a Heightened...

by Reed Smith on

What follows is a guest post by Cara DeCataldo, a Reed Smith associate, who gamely stepped up to the plate to research one of a number of blogging topics that have been hanging fire for some time now. This topic is a type of...more

Arizona Court of Appeals Reverses $1 Million Award of Punitive Damages in Insurance Bad Faith Case for Alleged “Institutional Bad...

by Jaburg Wilk on

In Sobieski v. Am. Standard Ins. Co. of Wisconsin, 2016 WL 5436588 (Ariz.App. Sept. 29, 2016), despite upholding a bad faith judgment for an insurer conducting an unreasonable investigation and denying a claim, the Arizona...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19248 - Western Dermatology Consultants, P.C. v. VitalWorks, Inc. - This decision partially upheld an Appellate Court decision I previously summarized for you where a...more

Advertising Law - July 2016 #2

VW Will Pay $14.7B in Largest FTC False Ad Suit - Volkswagen made a $14.7 billion deal with the Federal Trade Commission, the Department of Justice, and the California Attorney General over charges that the auto...more

Vanishing premiums part deux?

by Butler Snow LLP on

Those of you with gray hair like me may recall the life insurance vanishing premium lawsuits from the mid-1990s. As a refresher, that flood of lawsuits arose from life insurance policies sold in the 80s (mainly whole or...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19233, SC19234 - State v. Wright - SC19233, SC19234 Concurrence - State v. Wright - SC19382 - State v. Anthony D. - SC19382 Dissent - State v. Anthony D....more

Eleventh Circuit Affirms Jury Verdict Against Mortgage Servicer for Extreme and Outrageous Conduct

by Balch & Bingham LLP on

Following the Eleventh Circuit’s decision last month in McGinnis v. American Home Mortgage Servicing, Inc., No. 14-13404, mortgage servicers should be aware that failing to recognize and correct miscalculations of a...more

Maryland Appellate Court Holds Economic Loss Doctrine Bars Contractor’s Tort Claims Against Government’s Design Professional on...

by Pepper Hamilton LLP on

Balfour Beatty Infrastructure, Inc. v. Rummel Klepper & Kahl, LLP, 226 Md. App. 420, 130 A.3d 1024, 2016 Md. App. LEXIS 3 ( Md. Ct. Spec. App. Jan. 28, 2016) The City of Baltimore retained a design professional, Rummel...more

Location, Location, Location: Fraud Suit Filed Against Anheuser-Busch Over 'Abbey' Beer

by Pepper Hamilton LLP on

As anyone in real estate will tell you, location matters. Apparently, location also matters when it comes to selecting a beer. Recently, a purchaser of Leffe Beers brought a class action lawsuit in Florida federal court...more

DC Court of Appeals Affirms February 2012 Denial of Anti-SLAPP Motion in Newmyer v. Huntington

by LeClairRyan on

Waaaaaaay back in early 2012, after a defendant (Huntington) filed a counterclaim against a plaintiff (Newmyer) for defamation, false light and related torts, Newmyer responded by filing an anti-SLAPP motion. Newmyer’s...more

Defamation: Internet Crisis Control

by Gray Reed & McGraw on

Arriving at his warehouse last week Knott Faire, owner of Faire Carpet Cleaning, discovered yet another complaining critique posted on WELP: “Lots of hype, a mediocre cleaning and a hassle at the end. Don’t get tied up with...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

Students Have One Year After Reaching the Age of Eighteen to File Personal Injury Lawsuit Against School

by Franczek Radelet P.C. on

The Illinois Appellate Court (Second District) recently determined that a student who was injured while at school as a minor could not pursue a personal injury lawsuit against the school district because she did not file the...more

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