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Appeals Reversal Bodily Injury

Adams & Reese

Louisiana SC Reverses Decision to Reduce $19M Jury Award – Troubling for Tort Reform Advocates

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The Louisiana Supreme Court sent a concerning message to tort reform supporters when it surprisingly reversed its own earlier decision, which lowered an almost $19-million judgment awarded to a commercial truck driver...more

Goldberg Segalla

Appellate Division Reverses Denial of Door Manufacturer’s Motion to Dismiss

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Supreme Court of New York, Appellate Division, First Department - In July 2023, the trial court denied a door manufacturer’s motion to dismiss. Upon appeal, the Supreme Court, Appellate Division, First Department found...more

White and Williams LLP

North Carolina Supreme Court Addresses “Trigger of Coverage,” Allocation and Exhaustion-Related Issues Arising Out of...

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On December 16, 2022, the North Carolina Supreme Court decided Radiator Specialty Co. v. Arrowood Indem. Co., 2022 N.C. LEXIS 1122 (Dec. 16, 2022), in which it addressed coverage issues arising out of claims by individuals...more

Snell & Wilmer

Equine Activity Liability Releases: The Arizona Court of Appeals Finds “Release” of Trail Ride Operator Doesn’t Block Negligence...

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For the first time in nearly twenty years, the Arizona Court of Appeals last week weighed in on Arizona’s equine activity liability statute, finding that a form signed by participants before a trail ride did not qualify as a...more

Nutter McClennen & Fish LLP

Product Liability 2019 Year in Review

Massachusetts state and federal courts issued a number of important product liability decisions in 2019. The Product Liability practice group at Nutter recently reviewed these cases. Highlighted below are some of the key...more

White and Williams LLP

PTSD May Be Covered As “Bodily Injury” If It Resulted From Physical Injuries, Pennsylvania Appeals Court Holds

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It has long been the rule in Pennsylvania that a mental or psychological injury generally does not constitute “bodily injury,” as defined in most standard insurance policies, unless that mental or psychological injury results...more

Blank Rome LLP

The Supreme Court Rejects Punitive Damages in Unseaworthiness Claims

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A recent United States Supreme Court ruling held that a plaintiff may not recover punitive damages on a maritime claim of unseaworthiness. This new ruling has resolved a split among the circuits and has essentially reinforced...more

Mayer Brown

Supreme Court Holds That Punitive Damages May Not Be Awarded In Connection With Unseaworthiness Claims

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On June 24, the Supreme Court held in Dutra Group v. Batterton that punitive damages may not be awarded under federal maritime law in connection with an unseaworthiness claim....more

Cozen O'Connor

Supreme Court Rejects Seaman’s Claim for Punitive Damages

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On June 24, 2019, the U.S. Supreme Court — in a 6 to 3 decision — held that a seaman may not recover punitive damages on a claim of vessel unseaworthiness. In Exxon Shipping Co. v. Baker, the Supreme Court previously...more

Baker Donelson

ALERT: Supreme Court Rejects Seamen’s Claims for Punitive Damages Under General Maritime Law, Resolving Fifth and Ninth Circuit...

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The Supreme Court of the United States, on writ of certiorari in Dutra Group v. Christopher Batterton, 588 U.S. ___ (2019), has resolved a circuit split between the Fifth and Ninth Circuits regarding whether a seaman can...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Dutra Group v. Batterton

On June 24, 2019, the United States Supreme Court decided Dutra Group v. Batterton, No. 18-266, holding that a plaintiff may not recover punitive damages on a claim of unseaworthiness. Christopher Batterton worked as a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mold Damages/Professional Engineer: Louisiana Appellate Court Addresses Application of Prescription to Negligence Claim

The Court of Appeal of Louisiana (“Appellate Court”) addressed in a March 14th opinion issues associated with two individuals’ negligence claim against a Professional Engineer and his employer. See Lauren Pizzolato and John...more

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