News & Analysis as of

Discovery Negligence

Searcy Denney Scarola Barnhart & Shipley

Big-Rig Black Boxes: They Hold the Truth After a Crash – Be Sure to Get It

Truck crash scenes reveal only part of the full story through their debris. Hidden deep within the cab of that 18-wheeler may be a crucial piece of evidence: The electronic control module (ECM), which serves as the truck’s...more

BCLP

Georgia Passes Tort Reform Package Signaling Important Shift in Future Litigation

BCLP on

Georgia has enacted the most comprehensive tort reform legislation the state has seen in nearly 20 years. Passed during the 2025 Georgia legislative session, the legislation impacts multiple aspects of Georgia tort...more

Jones Day

Georgia Enacts Major Tort Reform Legislation

Jones Day on

The new law affects various aspects of civil litigation, including negligent security cases, damages, evidentiary matters, civil practice, and third-party litigation funding....more

Marshall Dennehey

Strategies for Combatting Reptile Theory in Medical Malpractice Trials

Marshall Dennehey on

The Reptile Theory is a litigation strategy intended to activate jurors’ survival instincts during trial and is designed to induce fear over logic and reason when hearing a case. Rather than focusing on the standard of care...more

Kilpatrick

Georgia appellate court affirms class certification in vehicle booting case

Kilpatrick on

A Georgia appellate court recently affirmed the grant of class certification in favor of a class of Georgia individuals whose vehicles were booted in locations where no ordinance had been enacted authorizing the booting of...more

King & Spalding

Georgia Senate Passes Tort Reform Bill

King & Spalding on

On March 21, 2025, the Georgia Senate passed S.B. 68, which contains numerous provisions affecting civil lawsuits in Georgia. The provisions include limits on the amounts plaintiffs can recover for medical expenses,...more

Husch Blackwell LLP

Tort Reform in Georgia Headed to the Governor’s Desk

Husch Blackwell LLP on

The Georgia Assembly passed sweeping tort reform on Friday, March 21, 2025. Governor Brian Kemp had announced his tort reform package on January 30, 2025. The Georgia Senate subsequently passed two bills, Senate Bill 68 on...more

Rodemer Kane Attorneys at Law

Can Text Messages Be Used as Evidence in Personal Injury Cases?

In today’s digital age, text messages play a significant role in communication. Whether through SMS, WhatsApp, or other messaging platforms, people send millions of messages daily, often discussing everything from social...more

Tyson & Mendes LLP

Civil Procedure Updates to Know in New York for 2025

Tyson & Mendes LLP on

In 2025, get ready for a whirlwind of updates across the state. From personal jurisdiction to discovery and beyond, some recent cases are shifting the landscape in New York. Read below to find out what happened and learn the...more

Goldberg Segalla

Plaintiffs’ Appeal of Trial Court’s Order Granting Defendant’s Motion to Quash Service of Summons Successful in California

Goldberg Segalla on

Court of Appeal of California, First Appellate District, Division Four - Blanca Hernandez, et al., v. Volkswagen Aktiengesellschaft, et al. This litigation arises from claims of asbestos exposure. The plaintiffs allege the...more

Maison Law

Avoiding Common Mistakes When Filing a Personal Injury Claim in California

Maison Law on

Filing a personal injury claim can be challenging, especially in a state full of unusual laws like California. Each year thousands of Californians seek compensation for injuries and accidents. California has specific laws,...more

EDRM - Electronic Discovery Reference Model

Creating a Compelling Argument in the BP Trial: Government Plaintiffs’ Closing

Our exploration of generative AI in trial preparation has demonstrated how Large Language Models can analyze complex materials to generate sophisticated closing arguments. We began by showing how to overcome traditional LLM...more

Marshall Dennehey

Pennsylvania Court Issued Discovery Sanction Against Defendants for Late Production of Evidence, Opening Door to Questioning...

Marshall Dennehey on

Brown v. Brooks, 2024 WL 5008506, No. 23-2966 (E.D. Pa. Dec. 6, 2024) - This matter involved a motor vehicle accident between the plaintiff and a laundry truck driver, and it illustrates the danger of errors during discovery....more

Marshall Dennehey

Pennsylvania Court Strikes Plaintiff’s Strict Product Liability Claim for Failing to Obtain Defendant’s Consent or Leave of Court...

Marshall Dennehey on

Doe A.F. v. Lyft, Inc., No. 23-3990-KSM, 2024 WL 4479912 (E.D. Pa. Oct. 10, 2024) - The plaintiff alleged that a Lyft driver sexually assaulted her during a rideshare purchased on Lyft’s app....more

White and Williams LLP

Let’s Get Specific: Rhode Island Court Asserts Jurisdiction Over Out-of-State Manufacturer

White and Williams LLP on

The court granted the third-party defendant’s first motion to dismiss for lack of general jurisdiction but permitted the parties to conduct jurisdictional discovery. After the close of jurisdictional discovery, the...more

EDRM - Electronic Discovery Reference Model

AI Hallucinations in Court: A Wake-Up Call for the Legal Profession

Despite clear judicial warnings and sanctions, legal professionals continue to submit AI-generated court documents with fabricated content. This disturbing trend, exemplified by cases like Mata v. Avianca, threatens the...more

Buchalter

The 10 “P’s” to Prepare for Wildfire Litigation

Buchalter on

1) Preservation Demand.  Send an evidence preservation notice to anyone you think may be liable or contributed to the fire (so the entity is on notice not to destroy, delete, or alter relevant evidence)....more

Epstein Becker & Green

Supreme Court of Ohio Rules on a Peer-Review Privilege Issue in Stull v. Summa

Epstein Becker & Green on

Background - On December 10, 2024, the Supreme Court of Ohio issued its decision in Stull v. Summa, a medical negligence case in which the defendants argued that Ohio’s statutory peer-review privilege protected from...more

Holland & Knight LLP

Texas Case Offers Lessons Learned from Data Requests and Criminal Causes of Action

Holland & Knight LLP on

In Angelyn A. Olson et al. v. The Consilio LLC, et al. filed in Tarrant County, Texas, plaintiff Angelyn Olson alleged that she was involved in other litigation during which an e-discovery service provider (Consilio) was...more

Charles E. Rounds, Jr. - Suffolk University...

When the centerpiece of a trustee’s defense in a breach-of-fiduciary-duty action is an empty file cabinet and a general lack of...

An incident of the trustee’s duty to be generally prudent, to account (or report) to beneficiaries, and to refrain from breaches of the duty of undivided loyalty, such as engaging in unauthorized self-dealing, is the...more

Cozen O'Connor

A New Era for Extra-Contractual Damages in Oregon - What We Know and What We Are Learning Six Months Since Moody

Cozen O'Connor on

The start of 2024 marked the end of an insurance era in Oregon. On December 29, 2023—the last Friday before the new year—the Oregon Supreme Court issued its much-anticipated decision in Moody v. Oregon Community Credit Union,...more

Searcy Denney Scarola Barnhart & Shipley

How to Prove Negligence in a Personal Injury Case in Florida

If you have been the victim of another’s negligence, you may be entitled to compensation. It is important to remember, however, that obtaining a settlement or a jury verdict will depend on your ability to prove that the other...more

White and Williams LLP

What a Difference a Day Makes: Mississippi’s Discovery Rule

White and Williams LLP on

The discovery rule applies to latent injuries, such that the statute of limitations does not begin to run until the plaintiff knows of or should have known of the injury. In Western World Ins. Group v. KC Welding, LLC, No....more

Searcy Denney Scarola Barnhart & Shipley

How to Prove Liability in a Car Accident Case in Florida

The establishment of liability for a car accident can be more complicated than it typically appears. While responding police officers will often issue a citation to one of the drivers, for having caused the accident, law...more

Morris James LLP

How Long Does It Take to Resolve a Medical Malpractice Claim?

Morris James LLP on

Medical malpractice claims are complex legal claims that often involve traumatic personal stories and complicated medical and legal issues. Every claim is different, and one unique fact in a case can have a significant impact...more

50 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide