News & Analysis as of

Personal Injury Civil Procedure

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

Defence + Indemnity: April 2018 - I. Insurance Issues B.

by Field Law on

I. INSURANCE ISSUES - B. A claimant is not required to sue all tort-feasors in order to collect under the OCPF 44 Endorsement (and the Alberta SEF 44 Endorsement). Tuffnail et al v Meekes et al, 2017 ONSC 2894, per...more

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

by Field Law on

I. INSURANCE ISSUES - A. An Insured has no obligation to include an Insurer’s subrogated claim in an action to recover losses in excess of its insurance coverage. Tree-Techol Tree Technology and Research Co. v Via Rail...more

Materially and Substantively Modifying Online Articles Restarts the Clock in NJ Defamation Claims

by Pepper Hamilton LLP on

The New Jersey Supreme Court recently held, in Petro-Lubricant Testing Laboratories, Inc. v. Adelman, that New Jersey’s one-year statute of limitations for defamation claims restarts if an online article’s author materially...more

Taking an Eraser to the Blackboard: New Strategies for Combatting the Ever-Increasing Cost of Medical Care in Litigation

It is a common fact pattern in personal injury litigation: Plaintiff is injured and the Defendant is clearly at fault. The medical care received seems reasonable, and it appears to be a straightforward claim, but then the...more

Arizona Supreme Court Clarifies Duty Standards for Negligence Claim

In a departure from its historical expansion of the concept of duty between parties, the Arizona Supreme Court has ruled that an employer did not owe a duty to protect its employee’s family from second-hand asbestos exposure....more

U.S. Supreme Court Forecloses the Liability of Foreign Corporations Under the Alien Tort Statute

by Littler on

On April 24, 2018, in a 5-4 decision, the U.S. Supreme Court held that foreign corporations cannot be sued in the United States under the Alien Tort Statute, 28 U.S.C. § 1350 ("ATS"). ...more

Second Circuit Affirms Summary Judgment in Hip Repair Product Liability Action

by Harris Beach PLLC on

Harris Beach attorneys Judi Abbott Curry, Victoria A. Graffeo and Marina Plotkin prevailed on plaintiffs’ appeal to the Second Circuit of product liability failure to warn claims against Pioneer Surgical Technology, Inc. and...more

New York Court Holds Pollution Exclusion Inapplicable to 9/11 Claims

In its recent decision in National Union Fire Insurance Co. of Pittsburgh, PA v. Burlington Ins. Co., 2018 N.Y. Misc. LEXIS 1503 (Sup. Ct. NY Co. Apr. 27, 2018), the Supreme Court of New York for New York County considered...more

Summary Judgment Rulings On Duty And Causation Elements Taco Truck And Apartment Fire Cases

by Low, Ball & Lynch on

Travis Sakai v. Massco Investments, LLC - Court of Appeal, Second Appellate District (February 8, 2018) - Taco Truck Case re: Duty - Defendant Massco Investments LLC (Massco) owned a gas station with a parking lot...more

US Supreme Court Bars Actions Against Foreign Corporations for Alleged Human Rights Violations

by White & Case LLP on

On Tuesday, the United States Supreme Court ruled that plaintiffs cannot sue foreign corporations for claims brought under the Alien Tort Statute ("ATS"). Part of the Judiciary Act of 1789, the ATS provides federal courts...more

SCOTUS Holds Alien Tort Statute Cannot Be Used to Sue Foreign Corporations

by Dechert LLP on

Resolving a circuit split, the U.S. Supreme Court held Tuesday that common law liability under the Alien Tort Statute (ATS) does not extend to foreign corporations. Jesner v. Arab Bank, PLC, No. 16-499, 2018 WL 1914663...more

Foreign corporations cannot be sued under the Alien Tort Statute – Jesner v Arab Bank: the verdict

by Hogan Lovells on

The Supreme Court of the United States (SCOTUS) has ruled in the case of Jesner v Arab Bank. On a 5:4 majority, the court ruled that foreign corporations are excluded from the scope of the Alien Tort Statute (ATS). ...more

Insurers May Consider Extrinsic Evidence “Irrelevant to the Principal Merits” in Evaluating the Duty to Defend

by White and Williams LLP on

For third-party liability insurers, no single phrase is more paramount (and vexing) than “the duty to defend is broader than the duty to indemnify.” The duty to defend is one of the most fundamental concepts in insurance...more

New Arizona Supreme Court Opinion Re: Default Judgment and Rule 60

Gonzalez v. Nguyen – JSH Attorneys Bill Caravetta, Kevin Broerman, and Justin Ackerman obtained a favorable Opinion from the Arizona Supreme Court in an important default judgment case, saving their client almost $1 million...more

N.Y. Court of Appeals Lowers the Bar on Summary Judgment in Personal Injury Cases

by Robins Kaplan LLP on

On April 3, 2018, the New York Court of Appeals issued a closely divided opinion in Rodriguez v. City of New York, Case No. 32, holding that plaintiffs need not establish the absence of their own comparative negligence in...more

Plaintiffs No Longer Have to Demonstrate the Absence of Comparative Fault to Avoid Summary Judgment in New York

by White and Williams LLP on

On April 3, 2018, the New York Court of Appeals addressed a question that “has perplexed courts for some time,” that is, whether a plaintiff must establish his or her own comparative negligence in order to obtain partial...more

New York’s Court of Appeals Clarifies the Burden of Proof in Summary Judgment Cases

by White and Williams LLP on

In Rodriguez v. City of New York, 2018 N.Y. LEXIS 793, 2018 NY Slip Op. 02287 (Apr. 3, 2018), New York’s Court of Appeals, New York’s highest court, addressed the question of whether a plaintiff, in moving for summary...more

Appellate Court Upholds Trail Immunity And Protects Pasadena from Liability - Court clarified availability of trail immunity...

by Best Best & Krieger LLP on

Trail immunity has been examined by the appellate courts numerous times over the past 18 months, most recently in Arvizu v. City of Pasadena, where the plaintiff entered a public park after hours and injured himself when he...more

The California Second Appellate District Revisits the “Retained Control” and “Hazardous Condition” Exceptions to Privette

by Low, Ball & Lynch on

Luis Gonzalez v. John R. Mathis, et al. - Court of Appeal, Second District (February 6, 2018) - The Privette doctrine, protects the hirers of independent contractors from liability for workplace injuries involving...more

NY High Court Overturns 25 Years of Precedent in Ruling on Contributory Negligence

by Harris Beach PLLC on

The flood gates in New York courts have been opened wide for personal injury plaintiffs by the removal of an obstacle to their success on motions for summary judgment in negligence actions following the recent decision of the...more

Combating Permanency Without A Defense Medical Expert

by Rumberger Kirk & Caldwell on

This brief, practical article presents strategies for challenging claims of permanent injury without relying on a defense expert. Originally published in the Trial Advocate Quarterly, Winter 2018 Volume 37, Number...more

Ignorance of OSHA Requirements Does Not Preclude Willful Violation

Employers found to have committed repeat or willful violations of Occupational Safety and Health Administration standards are subject to citation penalties of 10 times those for ordinary violations, and in some cases...more

Eighth Circuit Considers Judicial Estoppel in Hazardous Substance Release-Related Personal Injury Case

On April 5, the U.S. Court of Appeals for the Eighth Circuit decided the case of Kirk v. Schaeffler Group USA, Inc., et al., a personal injury action commenced in the U.S. District Court for the Western District of Missouri...more

Post-BMS: Jurisdiction over Subsidiary ? Jurisdiction over Parent

by Reed Smith on

The personal injury decisions Daimler AG v. Bauman, 571 U.S. 117 (2014), and Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017), are gifts that keep on giving. The latest development is Wilson v. Nouvag GmbH,...more

Don’t Assume Your Instagram Is Private

by Fox Rothschild LLP on

In February 2018 we wrote about a recent New York appellate case making clear that those who post information about themselves on Facebook are going to have a difficult time asserting that the posting is private and not...more

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