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Personal Injury Updates

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

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

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

Long-Time Reinsurance Attorney Ruled Not Qualified To Arbitrate 9/11 World Trade Center Reinsurance Dispute

by Carlton Fields on

An attorney with “considerably more than ten years’ experience of insurance and reinsurance law” has been deemed unqualified to arbitrate a reinsurance dispute stemming from the September 11, 2001 terrorist attack on the...more

The Dead Man's Act - Staying Alive And Well

by SmithAmundsen LLC on

Numerous states have enacted statues (commonly known as the Dead Man’s Act 735 ILCS 5/8-201 in Illinois) aimed to remove temptations of a survivor to testify regarding matters that cannot be rebutted because of the death of...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

Indiana Supreme Court Finds Negligent Hiring Claims Are Improper When Employers Admit Employee Was Acting Within Scope Of...

by Reminger Co., LPA on

The Indiana Supreme Court overturned a Court of Appeals decision issued earlier this year when, on October 31, 2017, it found that employers cannot be liable for negligent hiring when they admit that their employees were...more

Can Victims of Drunk Driving Accidents Receive Compensation for Their Injuries?

The State of California can hold drunk drivers criminally responsible for the actions, but can victims or their surviving family members be compensated in civil court because of the accident? The answer is a resounding yes....more

Defence & Indemnity - October 2017: IV. PRACTICE ISSUES B.

by Field Law on

IV. PRACTICE ISSUES - B. The trial judge was held to have erred in allowing an expert witness, who the judge had reservations about, to testify when said expert was clearly not independent. Judges have a role as gatekeeper...more

Defence & Indemnity - October 2017: II. LIABILITY ISSUES A.

by Field Law on

II. LIABILITY ISSUES - A. The Master allowed a claim for a sports injury to be amended to add breach of fiduciary duty as a cause of action in the teacher-student situation, and held that while sports participants are...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

Personal Jurisdiction Defense Gaining Traction in Mass Tort Litigation

by Miles & Stockbridge P.C. on

For the past several years the United States Supreme Court has sought to clarify the proper exercise of specific personal jurisdiction over foreign corporate defendants. This issue is particularly applicable in mass tort...more

Assumption of Risk Continues To Be A Reliable Liability Shield For Participants In Recreational Activities

by Selman Breitman LLP on

California courts continue to apply the assumption of risk doctrine at the summary judgment level in decisions that preserve the rights of Californians to participate in recreational activities without the threat of adverse...more

CA Supreme Court Limits Duty Owed to Visitors Using Offsite Parking Lots

by Selman Breitman LLP on

Businesses and other property owners owe a duty of care to individuals they invite onto their premises. If someone gets hurt on property that you own or control, you may be responsible for the injuries sustained. You...more

California Supreme Court Finds that Landowner has no Duty to Assist Visitors to Safely Cross a Public Street

Woodland Hills car accident lawyer Barry P. Goldberg closely monitors the California Court of Appeal and Supreme Court decisions on all aspects of personal injury, tort and insurance-related matters in order to provide...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

Mistakes to Avoid After a Car Accident in Woodland Hills

Car accidents can cause major injuries, such as paralysis, broken bones, punctured organs, and traumatic brain injuries (TBI). More on the subject of brain injuries here. Additionally, car accidents can also cause soft tissue...more

California Employment Law Notes - November 2017

Newly Enacted California Statutes - Statewide "Ban-the-Box" Legislation - Known as "Ban-the-Box" legislation in reference to the box applicants are asked to check if they have any prior criminal convictions, the new...more

Facebook Wants You to Send Them Your Naked Pictures to Prevent Revenge Porn. I’m Not Kidding: Data Privacy Trends

by CloudNine on

It sounds crazy, right? Facebook wants you to stop worrying about your nudes being shared without your consent by actually sending it your nude photos. It may not be crazy as it sounds....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

United Medical Center’s woes deepen as ratings group rips DC-area hospitals

Even as District of Columbia officials struggle with deepening woes at the United Medical Center (UMC), advocates from a national, independent, and nonprofit group have offered a dim review of hospitals in the DC area....more

A Year-End Summary of Recent Railroad Preemption Cases

by Lane Powell PC on

Railroads have long defended certain state law tort claims in crossing accident and trespasser cases by invoking the doctrine of federal preemption. The past year is no exception. Although the discussion of the cases below is...more

The Challenges of Concussion Diagnosis, Prognosis and Treatment: The Most Complicated Disease of the Most Complex Organ of the...

by Downs Rachlin Martin PLLC on

A review published in the September 2017 issue of Frontiers in Neurology proposes use of “systems science” to better understand concussion diagnosis and prognosis. This is a discipline that analyzes complex problems as whole...more

Michigan House defeats Duggan-Leonard No Fault insurance plan on 63-45 vote

by Michigan Auto Law on

In wake of demise of Duggan-Leonard-Theis No Fault insurance plan, lawmakers must make realistic, conscientious strides to lower premiums, preserve benefits - Michigan needs a No Fault insurance plan that will lower car...more

Property Ownership and Water Supply Sources Matter in PFOA Contamination Lawsuits

by Beveridge & Diamond PC on

Illustrating some limitations on common law claims for groundwater contamination, a federal court in New York partially granted and partially denied a motion to dismiss in a cluster of sixteen lawsuits alleging...more

Traffic Light Outages Causing Accidents.

Woodland Hills car accident lawyer Barry P. Goldberg is regularly consulted about auto accidents which occur at intersections where the lights went out, for some reason. While public entities, like Cities, are generally...more

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