Sixth Circuit Rejects Overly Ambitious PFAS Class Action - Hardwick v. 3M Co. (In re E.I. du Pont de Nemours), No. 22-3765, 87 F.4th 315 (6th Cir. Nov. 27, 2023) - The United States Court of Appeals for the Sixth Circuit...more
On November 1, 2012, a pledge of the Northern Illinois University chapter of the Pi Kappa Alpha fraternity tragically died due to alcohol poisoning. Six years later, attorneys on behalf of the deceased’s family were able to...more
Welcome to the first 2021 edition of Unprecedented. Although a new year brings new hopes for vaccinations and a swift end to the COVID-19 pandemic, a sober assessment of the state of affairs suggests we are months out, at...more
This 35th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us discussing yet more shutdown challenges, nursing home wrongful-death cases, landlord-tenant disputes, and tuition-refund claims....more
OSHA practitioners who have handled citations involving fatalities or severe injuries are most likely no strangers to considering how these citations including the alleged violation description might affect collateral...more
This 20th edition of Unprecedented, our weekly update on COVID-19-related litigation, finds both plaintiffs and defendants with reasons to celebrate. Insurance carriers avoided consolidation of coverage disputes in...more
Using a carrot-and-stick approach, Nevada’s new law limits civil liability for personal injury or death resulting from COVID-19 for most businesses in exchange for compliance with controlling COVID-19 health standards....more
Although top officials in the U.S. Senate have insisted that liability protections are a top priority for future COVID-19 relief legislation from the federal government, the current onus remains on the states to limit...more
Coverage under most commercial general liability (CGL) policies applies only to liability arising from an “accident.” As such, injury or damage that an insured “expected or intended” to occur is not covered....more
This sixth edition of Unprecedented, our weekly update on COVID-19 litigation, sees us reporting on many of the same types of cases. Consumers continue to seek refunds for goods and services that have been disrupted by the...more
North Carolina employers let out a collective sigh of relief Wednesday – not just because Phase 1 of the state’s reopening will begin on May 8, but also because essential businesses will receive a form of limited business...more
Introduction - When someone is injured by the negligence of another, the injured party often has a legal claim against the at-fault party under North Carolina law. Sadly, however, sometimes these incidents result in the...more
Recently, the Virginia Supreme Court issued an opinion in the case of Elliott, Administrator of the Estate of Smith v. Carter. The opinion was authored by Justice Goodwyn and flowed from an appeal of a case that was...more
Massachusetts Federal Court Holds Proof of Testing of Proposed Alternative Design Not Required in Design Defect Claim, Evidence Plaintiff Ignored Defendant’s Warnings Did Not Establish He Was Sole Proximate Cause of Injury on...more
On January 27, 2015, the California Court of Appeal, Fourth Appellate District, in Eriksson v. Nunnink (Case No. E057158), held a release of liability between Decedent and Defendant was enforceable as a defense to the...more