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Assumption of the Risk Appeals

Faegre Drinker Biddle & Reath LLP

Indiana Court of Appeals Holds Product Misuse Unforeseeable in Light of Product Warnings, Reverses Denial of Summary Judgment

Key Takeaway: In Superior Oil Company, Inc. v. Labno-Fritchley, 207 N.E.3d 456 (Ind. Ct. App. 2023), the Indiana Court of Appeals reversed a trial court’s denial of summary judgment in a product liability case. The court...more

Haight Brown & Bonesteel LLP

Watch Your Step – Playing Golf on an Outdoor Course Necessarily Encompasses Risk of Encountering Irregularities in the Ground...

On April 27, 2023, the First District Court of Appeal issued an opinion in Walter Wellsfry, et al. v. Ocean Colony Partners, LLC (A165175, April 27, 2023) affirming summary judgment for a golf course owner on the grounds that...more

Obermayer Rebmann Maxwell & Hippel LLP

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

“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

Dechert LLP

Not Caring about (Profit) Sharing: Third Circuit Invalidates Profit-Sharing Clause on Anti-Assignment Grounds

Dechert LLP on

Can a profit-sharing provision in a commercial lease survive assumption and assignment by a debtor? Analyzing such a provision, the Third Circuit answered “no,” finding the provision to constitute an unenforceable...more

Haight Brown & Bonesteel LLP

The First Appellate District Confirms Event Operators and Organizes Have Duty Not to Increase Inherent Risks Under the Primary...

In Hass v. RhodyCo Production (No. A142418 – 8/13/2018), the First Appellate District’s applied longstanding rules regarding when express waivers are effective and the primary assumption of risk doctrine to deny summary...more

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