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Appeals › Premises Liability

Obermayer Rebmann Maxwell & Hippel LLP

"Reasonableness.” What does this mean for commercial property owners?

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“So, you’re telling me there is a chance” is the iconic line from the 1994 blockbuster movie “Dumb and Dumber” starring Jim Carey (as “Lloyd Christmas”) and Lauren Holly (as “Mary Swanson”). In the film, Lloyd is enamored...more

Laughlin, Falbo, Levy & Moresi LLP

What Happens at Work Stays at Work? Bringing Covid-19 Home to Your Spouse

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There is no question COVID-19 altered our existence as humans. Worldwide, the pandemic has touched all aspects of daily life. It is not surprising, then, that we are still seeing the ripple effects in the California Workers’...more

Smith Gambrell Russell

There is No Common-Law Right to Boot a Vehicle in Georgia: Booting a Car is Not the Same as Corralling Livestock

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In the case of RCC Wesley Chapel Crossing, LLC et al. v. Forrest Allen et al., the Georgia Supreme Court addressed whether a common-law right exists to allow a private property owner to boot a vehicle parked on its property...more

Rumberger | Kirk

4th DCA Reinforces Burden is on Plaintiff to Prove Actual or Constructive Notice in Slip and Falls

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A recent Fourth District Court of Appeal ruling illustrates how defendants in premises liability cases can posture themselves for success at the summary judgment stage by implementing and complying with comprehensive...more

King & Spalding

Insurance Coverage for Active Shooter Incidents After Recent Court Decisions Enforcing Broad Policy Exclusions

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Active shooter incidents[i] are occurring with greater frequency in the United States, resulting in a new type of premises liability exposure for most companies. The broad insuring agreement in CGL policies typically covers,...more

White and Williams LLP

“Based On”… What Exactly? NJ Appellate Division Examines Phrase and Estops Insurer From Disclaiming Coverage for 20-Month Delay

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On May 28, 2019, the New Jersey Superior Court, Appellate Division examined the phrase “based on” in an assault-and-battery exclusion, finding that the phrase means “to make, form, or serve as the foundation of any claim,...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: SC19248 - Western Dermatology Consultants, P.C. v. VitalWorks, Inc. - This decision partially upheld an Appellate Court decision I previously summarized for you where a...more

Womble Bond Dickinson

Do You Have A Duty To Cross The Rubicon?

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Property boundaries have great significance in law and life. Julius Caesar crossed the Rubicon, the boundary between Gaul and Italy in violation of Roman law, and nothing was the same for him thereafter. ...more

Haight Brown & Bonesteel LLP

Client Alert: Premises Liability Claim Brought by Correctional Officer Not Precluded by Workers’ Compensation Law

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In Wright v. State of California (No. A139034, filed 1/30/2015) the First District Court of Appeal held a state correctional officer, who lived on state owned property adjacent to his place of employment, was not precluded,...more

Adler Pollock & Sheehan P.C.

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

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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

Adler Pollock & Sheehan P.C.

Fast Five: Rhode Island Practice Group - November 2013: Premises Liability Update: Rhode Island Supreme Court Confirms That...

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In one of the first decisions issued this term, the Rhode Island Supreme Court confirmed in Wyso v. Full Moon Tide, LLC, No. 2012-195-Appeal; 2012-359-Appeal that neither property owners nor lessees of real property owe a...more

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