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Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
Field Law

Defence + Indemnity: April 2018 - II. Liability Issues A.

by Field Law on

II. LIABILITY ISSUES - A. Where the lease specifies that the Landlord is obligated to take out fire insurance, the tenant is presumed to generally from the insurance proceeds (even where the fire is caused by the tenant’s...more

Field Law

Defence + Indemnity: April 2018 - IV. Practice Issues A.

by Field Law on

IV. PRACTICE ISSUES - A. The Court, applying Ontario’s appropriateness factor under the Limitations Act, 2002, SO 2002, c 24, Schedule B., found the limitations period was did not begin to run until the insurer denied the...more

Field Law

Defence + Indemnity: April 2018 - II. Liability Issues C.

by Field Law on

II. LIABILITY ISSUES - C. A tenant of a shopping centre may be an “occupier” of a sidewalk in front of its leased premises in some circumstances, or owe visitors a common law duty of care regarding same, but it is not...more

Field Law

Defence + Indemnity: February 2018 - II. LIABILITY ISSUES C.

by Field Law on

II. LIABILITY ISSUES - C. A tenant was found to be an “occupier” of its premises and potentially liable when a dog lunged at a party on the adjacent sidewalk, causing her to fall on the basis of allegedly having allowed a...more

Field Law

Defence & Indemnity - December 2016: IV. PRACTICE ISSUES B.

by Field Law on

The Plaintiff did not show a “want of diligence” in failing to take any proactive steps in discovering and naming the landlord of a nightclub as a defendant in a personal injury action five-and-a-half years after the...more

Gray Reed & McGraw

Stadium Follies – When Can You Sue the State of Texas?

by Gray Reed & McGraw on

What a year it has been for the Podunk (Texas) High School football team. After the school opened its new $50 million, 18,000-seat stadium at the beginning of the year, the team has reeled off an undefeated regular season and...more

Snell & Wilmer

Does a title company owe a duty of care to third parties in the recording of legal instruments?

by Snell & Wilmer on

This is precisely the question that the Ninth Circuit recently certified to the Washington Supreme Court in Centurion Properties III, LLC v. Chicago Title Ins. Co. Facts of the Case - In this case, Centurion...more

Beveridge & Diamond PC

Ninth Circuit Reverses Dismissal of Damages Claim in San Diego Contamination Suit

by Beveridge & Diamond PC on

In a decision that may reopen the door to significant damages in a California soil and groundwater contamination suit, the Ninth Circuit reversed a trial court’s dismissal of the City of San Diego’s restoration and real...more

Beveridge & Diamond PC

Ninth Circuit Interprets CAFA Exception Narrowly, Facilitating Removal in Environmental Tort Cases

by Beveridge & Diamond PC on

Creating a Circuit split, the Ninth Circuit held that a tort case against a Washington corporation did not fall under the so-called “local event” exception to the Class Action Fairness Act (“CAFA”) and, therefore, had been...more

Manatt, Phelps & Phillips, LLP

Neighbors’ Noise Complaints Trigger EIR

Keep Our Mountains Quiet v. County of Santa Clara - Why It Matters: The Sixth District Court of Appeal affirmed the trial court’s holding that preparation of an EIR was required for the approval of a use permit to allow...more

Traub Lieberman Straus & Shrewsberry LLP

New York Court Holds Parking Lot Exclusion Inapplicable

In its recent decision in Lancer Indem. Co. v JKH Realty Group, LLC, 2015 N.Y. App. Div. LEXIS 3293 (N.Y. 2d Dep’t Apr. 22, 2015), the New York Appellate Division, Second Department, had occasion to consider the application...more

Butler Snow LLP

Tennessee “As Is” Property Buyers Better Beware

by Butler Snow LLP on

A recent Tennessee Court of Appeals decision reinforces that parties to a contract are free to disclaim reliance on representations made by the other party. In Terry Pritchett v. Comas Montgomery Realty & Auction...more

Haight Brown & Bonesteel LLP

Is Your Business a “Nuisance”? If so, It Could Cost You Dearly

Many landlords and businesses are already aware that they may be sued in a civil court for criminal acts committed by others on their property. While this is a reactive process that occurs in response to a specific incident,...more

Brooks Pierce

Uncertainty about the time limit for filing a groundwater contamination claim in North Carolina.

by Brooks Pierce on

What is the latest date upon which a private plaintiff must file a claim for personal injury or property damage based on groundwater contamination in North Carolina? Until recently, the answer to this question appeared...more

Beveridge & Diamond PC

Texas High Court Finds Expert Opinion on Stigma Damages Too Speculative

by Beveridge & Diamond PC on

Clarifying when expert testimony on alleged diminution in property value becomes legally sufficient to support a so-called “stigma” claim, the Texas Supreme Court struck down a $350,000 jury verdict based on environmental...more

Allen Matkins

Shopping Mall Owner Permitted to Sue Union Protesters for Trespass and Nuisance

by Allen Matkins on

The Ninth Circuit has revived a Brea shopping mall owner's lawsuit alleging trespass and nuisance claims against union carpenters. The union purportedly picketed and demonstrated disruptively and destructively at a store...more

Schnader Harrison Segal & Lewis LLP

Supreme Court Holds That CERCLA Preemption Is Inapplicable to Statutes of Repose

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), preempts statutes of limitations applicable to state-law tort actions for personal injury or property damage in certain...more

Saul Ewing Arnstein & Lehr LLP

Supreme Court rules that statutes of repose may bar state tort claims under CERCLA

On June 9, 2014, the United States Supreme Court, in CTS Corp. v. Waldburger, ruled that an individual state’s statute of repose is not preempted by the Comprehensive Environmental Response, Compensation, and Liability Act of...more

Polsinelli

Breaking News: SCOTUS Rules Today CERCLA Does Not Preempt State Statutes of Repose

by Polsinelli on

The United States Supreme Court today ruled that the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), enacted in 1980 to "promote the timely cleanup of hazardous waste sites," does not...more

Faegre Baker Daniels

Supreme Court Decides CTS Corp. v. Waldburger

by Faegre Baker Daniels on

On June 9, 2014, the United States Supreme Court decided CTS Corp. v. Waldburger, No. 13-339, holding that the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) does not preempt state...more

Adler Pollock & Sheehan P.C.

Fast Five: Rhode Island Appellate Practice: Winter Storm Warning For Rhode Island Landlords And Business Owners

Before the next big winter storm packs a punch, if you are a landlord or business owner in Rhode Island, make sure you understand your obligation to remove snow accumulation and treat surface areas on your premises. ...more

Katten Muchin Rosenman LLP

California Court of Appeal Allows Tenant's Fraud Suit Against Shopping Center Landlord Based on Estimates for Real Property Taxes,...

by Katten Muchin Rosenman LLP on

Last week, the California Court of Appeal for the Second District reversed a trial court’s decision which dismissed a tenant’s lawsuit against a shopping center landlord based on the disparity between estimates of certain...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Time-Barred Claim? Fourth Circuit Invalidates State Statute of Repose in Contamination Cases

On July 10, 2013, a divided panel of the Fourth Circuit Court of Appeals held that the Comprehensive Environmental Response, Compensation and Liability Act (CERLCA or Superfund), the federal law redressing disposal of...more

Wendel, Rosen, Black & Dean LLP

Say it Ain’t So Joe! – Developer Learns There is More Than One Meaning for SOL

I was in trial last month. I couldn’t have asked for a better judge. Smart, fair . . . and witty. During the pretrial conference, opposing counsel and I were arguing over whether there was a difference between...more

Howard Ankin

Illinois Court Considers Liability in Mall Slip and Fall

by Howard Ankin on

When someone slips and falls in a public place in Illinois such as a mall, in order to prevail in a personal injury lawsuit, the person who fell must establish that the owner of the property was somehow responsible for the...more

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Updated: May 25, 2018:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Updates to This Policy

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Contacting JD Supra

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