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Personal Injury Civil Remedies

Read Personal Injury Law updates, news, and legal commentary from leading lawyers and law firms:

Hazardous Substances/Bodily Injury Claim: New York Court Addresses Potential Liability of Engineering Inspection Subcontractor

The Supreme Court (Appellate Division) New York addressed in a March 7th decision whether a lower court properly granted summary judgment to a subcontractor performing engineering inspection services on a highway construction...more

Defence + Indemnity: February 2018 - I. Insurance Issues A.

by Field Law on

I. INSURANCE ISSUES - A. An Ontario plaintiff was held to be able to look to his OPCF 44R insurer to pay his damages in excess of a liability cap in the U.S. state where the accident occurred up to the OPCF 44R limits but...more

Defence + Indemnity: February 2018 - IV. QUANTUM/DAMAGES ISSUES A.

by Field Law on

IV. QUANTUM/DAMAGES ISSUES - A. A Plaintiff was found by the trial judge to have exaggerated her pain levels and to have lied during Questioning and to her health care professionals but was still found at trial to be...more

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

by Field Law on

II. LIABILITY ISSUES - A. Employing a video shot of a person jogging on a public jogging path for a commercial sales-pitch video was found to establish the privacy tort of intrusion upon seclusion. Vanderveen v...more

Punitive Damages Awarded in Malpractice Case of Destroyed Medical Record

by Harris Beach PLLC on

In Gomez v. Cabatic, 2018 N.Y. Slip Op. 00278, the Second Department upheld an award of punitive damages against a physician who was alleged to have destroyed portions of a medical record. The Gomez case involved a claim...more

Damages Limited by Proximate Cause

Jones, Skelton & Hochuli partner Jay Rosenthal and associate John Lierman recently obtained a favorable verdict after a four-day jury trial in Maricopa County Superior Court. The client, a supplier of concrete and...more

Wrongful Death Claims in North Carolina

by Ward and Smith, P.A. on

Introduction - When someone is injured by the negligence of another, the injured party often has a legal claim against the at-fault party under North Carolina law. Sadly, however, sometimes these incidents result in the...more

Pennsylvania Superior Court Upholds Entry of Summary Judgment In Favor of Defendant In Slip And Fall Case

by Tucker Arensberg, P.C. on

In a case with very good facts for the property owner, the Pennsylvania Superior Court affirmed the entry of Summary Judgment against the Plaintiff in a case filed in the Court of Common Pleas of Philadelphia County (Collins...more

The Complete Guide To Wrongful Death Lawsuits

by The Brown Firm on

The wrongful death claims are usually initiated against a defendant who has allegedly caused a person’s death. Whether the incident was an accident or intentional harm. The wrongful death claims let the family of the deceased...more

Oregon Court of Appeals Strikes Down Statutory Cap on Noneconomic Damages

by Perkins Coie on

Oregon is one of 35 states where the legislature has successfully enacted a statute capping the amount of noneconomic damages, commonly known as “emotional distress,” that juries can award. With the issuance of two recent...more

Apotex granted damages from contract research organization for delayed FDA approval of two products

by Smart & Biggar on

On December 22, 2017, Patillo J. of the Ontario Super Court of Justice held that Apotex was entitled to $11,303,131.80, plus pre-judgment interest, for losses flowing from delays in the US Food and Drug Administration (FDA)’s...more

Confirmation from Pennsylvania Superior Court: The Fair Share Act Applies to Strict Liability Cases Involving Asbestos Exposure

by Miles & Stockbridge P.C. on

As a matter of first impression, the Pennsylvania Superior Court recently held that the Fair Share Act applies to strict liability cases involving asbestos exposure. In Roverano v. John Crane, Inc., 2017 PA Super. 415 (Dec....more

Ninth and Fifth Circuits Split on Issue of Punitive Damages Under Maritime Law

by Liskow & Lewis on

The stage appears to be set for intervention by the United States Supreme Court following the Ninth Circuit’s recent panel decision in Batterton v. Dutra Group, No. 15-56775 (9th Cir. Jan. 23, 2018). In Batterton, the Ninth...more

Defence + Indemnity: December 2017: IV. QUANTUM/DAMAGES ISSUES

by Field Law on

IV. QUANTUM/DAMAGES ISSUES - A. Where a plaintiff is held to suffer a negative loss (i.e. has had a “gain”) under one head of damage, that gain is not to be offset or deducted from another head of damage where the...more

Defamation Claims Against Gemological Institute Doomed: Qualified Privilege Shield Is Stronger Than A Diamond

by Farrell Fritz, P.C. on

“Diamonds are nothing more than chunks of coal that stuck to their jobs,” said Malcom Forbes. An industry that generates over $13 billion annually, diamonds are considered one of the world’s major natural resources. ...more

Defence + Indemnity: December 2017 - II. Liability Issues

by Field Law on

II. LIABILITY ISSUES - A. The 2009 amendments to the Traffic Safety Act and the Insurance Act with respect to the liability of a renter, lessor or lender of a vehicle were intended to cap their vicarious liability for the...more

Dedmon Decided: The Destiny of “Reasonable” Medical Expenses In Tennessee Revealed

by Butler Snow LLP on

In a stunning reversal of what appeared to be the trend towards discounted medical damages in personal-injury cases, the Tennessee Supreme Court ruled on Friday, November 17, 2017, that the Collateral Source Rule reigns...more

Defence & Indemnity - October 2017: V. SURETY AND BOND ISSUES

by Field Law on

V. SURETY AND BOND ISSUES - A. The Alberta Court of Queen’s Bench holds surety liable under a performance bond for consequential damages suffered by an obligee as result of defaulting contractor. Vermilion & District...more

Mistake #1 about Michigan No Fault replacement services

by Michigan Auto Law on

Be warned — submitting false replacement services forms will forfeit a car crash victim from receiving Michigan auto No Fault benefits. I’ve represented several hundred Michigan car crash victims in my 22 years as an auto...more

Michele Molinario and Justin Ackerman Obtain Summary Judgment On Roadway Design Case

On April 22, 2013, a traffic accident occurred at a rural Intersection in Yuma County, Arizona. The Intersection was equipped with STOP signs and flashing warning signs that controlled eastbound and westbound traffic along...more

Climate Scientist Sues Critic

by Akin Gump - Excubitor on

In what appears to be a novel application of defamation law to disputes within the academic community, one researcher has filed suit against a peer reviewer and an academic journal for criticism made in a peer review article...more

A Corporate Law Takeaway From Judge Nelson’s Ruling In The Talcum Powder Case

by Allen Matkins on

After a three week trial that included extensive expert testimony, a Los Angeles jury returned a $417 million verdict against Johnson & Johnson ($68 million non-economic and $340 million punitive damages) and its subsidiary...more

Pennsylvania Superior Court Widens the Net for Negligent Misrepresentation Claims Against Professionals

by Wilson Elser on

A recent ruling by Pennsylvania’s intermediate appellate court has expanded the scope of liability for negligent misrepresentation to include a class of potential defendants far beyond those expressly exposed under a prior...more

Liability, Damages, and Negligence: What Victims Need to Know About North Carolina Trucking Accidents

by Ward and Smith, P.A. on

Commercial trucking is essential to the North Carolina economy. According to one source, over 70% of all freight tonnage in the United States is moved on trucks, and there are 3.6 million heavy-duty commercial trucks on the...more

The Rise of Split Claims in Wrongful Death/Survival Cases

by Pessin Katz Law, P.A. on

Recently, in Spangler v. McQuitty, 449 Md. 33 (2016), the Maryland Court of Appeals examined the interplay between an injured person’s injury claim/survival action and the claims of beneficiaries under Maryland’s Wrongful...more

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