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Mandelbaum Barrett PC

Connecticut’s Dram Shop Law: When Bars and Restaurants Can Be Held Liable for Drunk Driving Accidents

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A drunk driver does not come out of nowhere. In most cases, they were served drink after drink at a bar or restaurant long after it should have been obvious they had too much. Connecticut law recognizes this reality, and it...more

Cozen O'Connor

Texas Supreme Court Recalibrates Review of Noneconomic Damages

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Recent Texas appellate decisions reflect an increased scrutiny of large awards for noneconomic damages. Together, Gregory v. Chohan, Exxon Mobil Corp. v. Brown, and Jones v. Hatch reflect an emerging trend: noneconomic...more

Morris James LLP

Motorcycle Safety Month in Delaware: What the 2025 Crash Data Shows and What Injured Riders Should Know

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May is Motorcycle Safety Awareness Month, and Delaware’s 2025 police reports show why rider visibility, driver attention, and early evidence preservation matter after a motorcycle crash....more

Searcy Denney Scarola Barnhart & Shipley

What to Understand About NICA if Your Child is Suffering Neurological Birth Injuries

Parents can become justifiably overwhelmed when they learn that their child is suffering brain damage or other neurological problems because of injuries that occurred at the time of birth. Trying to imagine what the future...more

Marshall Dennehey

Linking Riders, Not Liability: Limits on Duty for Rideshare Platforms

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Brittney Cooper v. Lyft Inc et al., 2026-Ohio-765 (2d Dist.). - In Cooper, the Second District Court of Appeals addressed whether a transportation network company (TNC) owes a duty of care to a driver harmed while using its...more

Marshall Dennehey

Court of Appeals Narrows “Arising Out of Performance of Work” Standard

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Dibrino v. Rockefeller Center North, Inc., (2025 N.Y. Slip Op 070077, December 18. 2025) - In Dibrino v. Rockefeller Center North, Inc., (2025 N.Y. Slip Op 070077, December 18. 2025), the plaintiff-carpenter was injured while...more

Searcy Denney Scarola Barnhart & Shipley

The List of Unapproved ELDs Keeps Growing—How Does This Affect Truck Accident Cases?

Electronic logging devices—referred to in the trucking industry as ELDs—are systems that connect to a commercial truck’s engine to record the time the truck is in operation. ...more

Katten Muchin Rosenman LLP

Insurance Coverage Leasing Lessons From a Slip-and-Fall Dispute

Landlords in New York state should take immediate steps to confirm that their tenants’ insurance policies properly name them as additional insureds. The new owner/landlord should also ensure that, when a property is sold, the...more

Goldberg Segalla

Avoiding a Direct Hit: Utilizing the McHaffie Rule to Protect Motor Carriers from Direct Liability Claims

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Personal injury lawsuits arising out of trucking accidents are usually filed against both the motor carrier and its driver. Plaintiffs typically assert both vicarious and direct liability claims against the carrier, the...more

Blank Rome LLP

Reconnaissance as Legal Due Diligence: Lessons from Land to Sea

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In the Army, you are taught that uncertainty is best confronted with discipline, purpose, and established processes. Reconnaissance is traditionally understood as a military activity aimed at reducing uncertainty, shaping...more

Bennett Jones LLP

Ontario Superior Court Limits Damages Claims in Certifying Personal Injury Medical Device Class Action

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An Ontario court has held that Ontario’s more restrictive certification regime may require narrowing class members’ damages claims. Ontario’s class proceedings legislation is an outlier in Canada—unlike corresponding...more

Marshall Dennehey

Delaware Supreme Court Affirms Summary Judgment in Slip-and-Fall Case Based on Contradicted Plaintiff Testimony

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Wiggins v. Cedar Christina Crossing, LLC, No. 313, 2025, Griffiths, J. (March 23, 2026). The Delaware Supreme Court affirmed summary judgment in favor of a shopping center owner and its snow removal contractor, holding that...more

Marshall Dennehey

Superior Court Clarifies Crashworthiness Doctrine and Provides Key Jury‑Instruction Guidance

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Amagasu v. Fred Beans Family of Dealerships, et al., 2025 WL 3708201 (Pa. Super. Unpub. Dec. 22, 2025). In the much-publicized Amagasu case, a jury returned a verdict of nearly a billion dollars to a plaintiff who was...more

Butler Weihmuller Katz Craig LLP

Time Bar on Vicarious Liability Claim Satisfies Adjudication Requirement of Exoneration Rule

Even in the absence of active negligence, entities may be vicariously liable under Florida law for the actions of others. Two common examples of this are the dangerous instrumentality doctrine, under which the owner of a...more

Marshall Dennehey

Texas Supreme Court to Determine if a Shipper Owes a Duty to a Third-Party Motorist Injured by a Freight Carrier

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In re Home Depot U.S.A., Inc., ___ S.W.3d ___, 2025 WL 899848 (Tex. App. Houston [14th Dist.] 2025), argument granted on pet. for writ of mandamus (Feb. 6, 2026) [25-0317] - This case arises from an accident in which a driver...more

Marshall Dennehey

Court Limits UIM Recovery to Named Insured After Plaintiff Seeks Additional Household Coverage

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James Glascott v. USAA Casualty Insurance Company, Index No. 806225/2024, Erie County, New York. The plaintiff, a resident of Erie County, New York, was legally traversing a four-way stop intersection when his vehicle was...more

Goldberg Segalla

Turbine Manufacturer’s Summary Judgment Overturned, Duty Not Required Element in Take-home Exposure

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(EDITOR’S NOTE: The D.C. Court of Appeals asked the Supreme Court of Maryland to answer the following question.) “Under Maryland law, in a strict liability design defect claim, must a plaintiff who alleges that she was...more

Stark & Stark

Nursing Home Group Managed by Windsor Healthcare Management Files for Chapter 11 Bankruptcy: Key Takeaways for Creditors and PI...

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​​​​​​​A group of affiliated nursing, healthcare, and rehabilitation centers managed by Windsor Healthcare Management filed for Chapter 11 Bankruptcy Protection on April 23, 2026, in the District of New Jersey....more

Morris James LLP

Supreme Court Freight Broker Case Could Affect Accountability After Serious Truck Crashes

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The Court’s decision in Montgomery v. Caribe Transport II, LLC may determine whether injured people can bring state-law negligent-hiring claims against freight brokers that hire unsafe motor carriers....more

Marshall Dennehey

Pennsylvania Superior Court Clarifies Legal Standard for Jury Instruction on Increased Risk of Harm in Medical Malpractice Cases

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Matthews v. Hosp. of the Univ. of Penn., 2026 WL 537727 (Unpublished) (Feb. 26, 2026) - In this appeal, the Superior Court of Pennsylvania clarified in an important unpublished opinion, the requirements for plaintiffs to...more

Marshall Dennehey

Appellate Division Clarifies Scope of Indemnification Clauses in Construction Injury Litigation

Marshall Dennehey on

Donald J. Hoiland, et al. v. Adjo Construction Co., Inc. - This case involves a fall at a construction site in which a jury found the defendant, a general contractor, partially liable for the plaintiff’s injuries, awarding...more

Shook, Hardy & Bacon L.L.P.

Genetic Predisposition May Be A Complete Defense In Certain Cases Alleging Asbestos Exposure Caused Mesothelioma

There are numerous cases pending in various courts in the United States in which the claim is that exposure to asbestos through some product caused the plaintiff ’s or decedent’s mesothelioma. Originally Published in...more

Womble Bond Dickinson

Celiac at the Table: Science, Risk, Liability

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A recent lawsuit, Bayton v. Olive Garden, illustrates legal risk for restaurants, creating the expectation of duty, reliance and disclosure. The case involves a diner with celiac disease who informed the server of his...more

Bracewell LLP

Supreme Court Refuses to Extend ‘Battlefield Preemption’ Defense to Conduct the Government Never Authorized

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On April 22, 2026, the Supreme Court of the United States issued Hencely v. Fluor Corporation, a 6-3 decision rejecting the Fourth Circuit’s holding that defense contractors enjoy per seimmunity from state-law torts when...more

Marshall Dennehey

Court Finds Fatal Shooting “Arises Out of” Vehicle Use for UIM Coverage

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Allmerica Fin. Benefit Ins. Co. v. Hunt, --- F. Supp. 3d ---, 2025 WL 3634209 (E.D. Pa. Dec. 15, 2025). In this tragic case, James Hunt was stopped at a red light while driving a vehicle owned by his employer when he was...more

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