News & Analysis as of

Civil Liability

K&L Gates LLP

AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle [2026] HCA 2

K&L Gates LLP on

In a landmark judgment, the High Court of Australia (High Court or the Court) has held that the Catholic Diocese (the Diocese) breached a non‑delegable duty of care owed to a child who was sexually assaulted by a priest in...more

Benesch

Healthcare Fraud: The Last Bastion of Federal and State White-Collar Enforcement

Benesch on

If, like many commentators, you expected a post-2024 shift away from traditional financial-crimes enforcement and toward emerging areas such as cybercrime, antitrust or consumer protection, that expectation has not...more

Mayer Brown

Civil Liability - The Supreme Court of the French Judicial System Establishes a General Duty of Environmental Vigilance

Mayer Brown on

The second half of 2025 was marked by the Cour de cassation’s recognition of a general duty of vigilance in environmental matters. More precisely, by two decisions published in its official report (Cass. civ. 1st, 24...more

Jones Day

Industrial Emissions Directive 2.0: Mandatory EMS, Stricter Limits, Materially Higher Sanction and Liability Risks

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On January 21, 2026, the German Federal Cabinet adopted a draft bill to implement the EU’s revised Industrial Emissions Directive (Directive (EU) 2024/1785, “IED 2.0”), marking a major step toward stricter environmental...more

Maison Law

Injuries in California Nursing Homes: Who is Liable?

Maison Law on

If you have a friend or loved one who lives in a nursing home, one of your biggest fears likely revolves around the idea that they could become the victim of nursing home abuse. This fear may seem irrational but it is not...more

Skadden, Arps, Slate, Meagher & Flom LLP

Litigation Under the Antiterrorism Act: 2025 Year in Review

Recent years have featured an increasing number of civil actions against corporations asserting claims under the federal Antiterrorism Act of 1990 (ATA), as amended by the 2016 Justice Against Sponsors of Terrorism Act...more

Houston Harbaugh, P.C.

Filling the AI Liability Gap: Should Asimov’s Three Laws Be Codified to Permit a Tort Cause of Action for Foreseeable Harm?

Houston Harbaugh, P.C. on

This article is part of the “Defending the Algorithm™” series and was written by Pittsburgh, Pennsylvania Insurance, Business and IP Trial Lawyer Christopher M. Jacobs, Esq. and was authored with research assistance from...more

Jones Day

Can Plaintiffs Recover Litigation Funding Damages from Defendants in Class Action in Australia?

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The Australian High Court has endorsed the views of lower courts and held that litigation funding fees are not recoverable as damages, thereby preventing funding costs being transferred to defendants, in nuisance claims....more

Freeman Mathis & Gary

Could jurors in the CommonWEALTH start to HEAR the money: Permitting anchoring for non-economic damages?

Freeman Mathis & Gary on

The Commonwealth of Pennsylvania’s Legislature recently introduced House Bill No. 1913 that would permit attorneys to suggest to a judge or jury an “appropriate award for all past and future economic or noneconomic damages.”...more

Epstein Becker & Green

State Cannot Immunize Parties from Federal Civil Liability - SCOTUS Today

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While we U.S. Supreme Court practitioners and observers await decisions in several already-argued cases of great significance regarding the separation of powers and executive authority, the Court this morning issued a per...more

DCI Consulting

[Webinar] Major Changes for Higher Ed: Preparing for DOJ Inquiries and New IPEDS Requirements - December 2nd, 2:00 pm - 3:00 pm...

DCI Consulting on

Higher Education continues to be targeted by the Administration’s enforcement efforts to ensure compliance with federal anti-discrimination laws. Employment and admissions practices are subject to increased scrutiny by...more

Freeman Mathis & Gary

When a free meal becomes a legal minefield: Lessons from Rivas v. Benny’s Prime Chophouse

Freeman Mathis & Gary on

A recent decision from the Illinois Appellate Court offers a cautionary tale for employers—particularly those in hospitality and food service—about the risks of informal workplace practices and the importance of consistency...more

Hinshaw & Culbertson - Employment Law...

Illinois Appellate Decision Signals Employers Risk Losing Workers’ Comp Protection from Coworker Violence Suits

An Illinois appellate court’s unpublished decision in Kamil Kordas v. Bob’s All Bright Electric, Inc., and Thomas Clarizio, 2025 IL App (3d) 240482, illustrates that, while workplace assaults are generally covered exclusively...more

Constangy, Brooks, Smith & Prophete, LLP

Can a falsely-accused sexual harasser sue for defamation?

I have, unfortunately, seen a number of cases during my career that involved false allegations of sexual harassment made against an employee, usually a member of management. And usually male. We didn’t always find out that...more

Maison Law

California Pedestrian Accidents: Driver Negligence Versus Pedestrian Comparative Negligence

Maison Law on

In California, pedestrian accidents are among severe traffic incidents. Even a slow-moving vehicle can lead to life-changing injuries. Determining who should be legally held responsible is often complicated since both drivers...more

Jones Day

Who’s Liable When AI Takes the Wheel? New Frontiers of Civil Liability and Risk Mitigation Strategies in the EU and the U.S.

Jones Day on

The emergence of fully autonomous vehicles is fundamentally transforming the landscape of civil liability within the automotive industry. Significant regulatory advancements, evolving case law, and emergent tort doctrines in...more

Tannenbaum Helpern

Oh, What a Tangled Web We Weave, Counselor

Tannenbaum Helpern on

[co-authors: Jean-Claude Mazzola, Adam Wiener, Richard Lerner] I am a longtime New York civil personal injury attorney. I thought that I had seen it all. Yet last year, while serving as a plaintiff’s trial attorney in a...more

Kohrman Jackson & Krantz LLP

When Can Parents Sue a School for Sexual Abuse?

Although schools should be places where children are safe, this is not always the case. Sadly, perpetrators can find their way to trusted positions in schools. Teachers, staff members and coaches – those adults who have...more

McAfee & Taft

Qualified immunity for law enforcement officers

McAfee & Taft on

Originating from a 1982 U.S. Supreme Court opinion regarding the termination of government employees in retaliation for speaking out about the Nixon Administration, the doctrine of qualified immunity has been the law of the...more

Genova Burns LLC

Third Circuit Further Narrows Employer Remedy Under Federal Computer Fraud and Abuse Act

Genova Burns LLC on

What can an employer do when its employee accesses data in a way that violates company policy? In the past, one avenue for relief was the Computer Fraud and Abuse Act (CFAA), a federal statute that creates the potential for...more

Fisher Phillips

Employer Impact Guide to the Supreme Court’s 2024-2025 Term: 12 Cases That Reshaped Your Workplace, Industry, or Litigation...

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As the Supreme Court prepares for its next term to begin October 6, let’s look back on all the SCOTUS cases from the past year that impacted your workplace, industry, and litigation exposure. Here’s a quick guide to 12 times...more

Fisher Phillips

Top 10 Texas Legislative Changes Impacting Private Schools + Your Compliance Plan

Fisher Phillips on

The 2025 Texas legislative session brought significant updates that directly impact private schools. These extensive changes will require Texas private schools to review and potentially update policies, procedures, and...more

Greenbaum, Rowe, Smith & Davis LLP

First Circuit Decision Regarding Anti-Kickback Statute Standard Widens Circuit Split and Creates Potential for Supreme Court...

The U.S. Court of Appeals for the First Circuit, in United States v. Regeneron, has joined the Sixth and Eighth Circuits in adopting the “but-for” standard to find that a violation of the Anti-Kickback Statute (AKS) triggers...more

Epstein Becker & Green

Shielding Reproductive Freedom: Uncovering New York’s Law Protecting Providers from Civil and Criminal Liability

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In the wake of the Dobbs decision, which eliminated the constitutional right to abortion, individual states were left to regulate or ban the procedure....more

Dacheng

Personal Liability under China’s Anti‑Monopoly Law: Administrative Fines, Civil Litigation, and Criminal Sanctions

Dacheng on

In the past half year of 2025, China’s antitrust watchdog has imposed fines on 11 individuals for antitrust violations, including sole proprietors, senior executives, and employees involved in cartels or obstruction of...more

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