News & Analysis as of

Intentional Torts

Searcy Denney Scarola Barnhart & Shipley

When Can You Seek Punitive Damages for an Auto Accident in Florida?

If you’ve been seriously or permanently injured in an auto accident in Florida, you have the right to seek just compensation for your financial and non-financial losses resulting from the accident. ...more

Goldberg Segalla

Court Grants Motion for Summary Judgment, Rules Plaintiff Failed to Show Defendant Intended to Harm Decedent

Goldberg Segalla on

Jurisdiction: United States District Court for the Eastern District of Louisiana - Decedent Michael Dandry Jr. was employed in various positions by defendant, Avondale, between June 1971 and August 1971. During that time,...more

Cozen O'Connor

When Home Isn’t Safe: Understanding Family Violence and Battery in Family Law

Cozen O'Connor on

There is a welcoming trend in family law, namely one where the courts are using tort law to address acts of family violence. In Canada, the legislation governing family law addresses issues like separation, divorce,...more

Sheppard Mullin Richter & Hampton LLP

Intentional Conduct and Negligence are not Mutually Exclusive; The Concurrent Cause Doctrine Applies Only When Each Independent...

When it comes to liability insurance, the distinction between intentional acts and negligence can have major implications for coverage—especially in cases involving violent conduct. A recent decision from the California Court...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 329: Listen and Learn -- Negligent Infliction of Emotional Distress (Torts)

Law School Toolbox on

Welcome back to the Bar Exam Toolbox podcast! This episode explains the concept of negligent infliction of emotional distress (NIED) in tort law, outlining the four specific situations in which a plaintiff can recover for...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Oh, What a Tangled Web We Weave, Counselor

[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

Law School Toolbox

Law School Toolbox Podcast Episode 519: Listen and Learn -- False Imprisonment and Shopkeeper’s Privilege (Torts)

Law School Toolbox on

Welcome back to the Law School Toolbox podcast! In today's episode, we're discussing torts – specifically, the intentional tort of false imprisonment and the associated defense, shopkeeper's privilege. We also go through...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 317: Spotlight on Torts (Part 2 – Intentional Torts)

Law School Toolbox on

Welcome back to the Bar Exam Toolbox podcast! We're continuing our summary of topics from Torts we've covered in our "Listen and Learn" series. Today we're discussing person-based and property-based intentional torts, as well...more

Nelson Mullins Riley & Scarborough LLP

Ninth Circuit Bankruptcy Appellate Panel Declines to Extend Bartenwerfer to Intentional Torts

This blog previously covered the Supreme Court’s decision in Bartenwerfer v. Buckley, 598 U.S. 69 (2023), which held that, under Section 523(a)(2) of the Bankruptcy Code, an individual debtor may not discharge through...more

Marshall Dennehey

A Carrier May Have No Duty to Defend an Intentional Injury Claim Against an Employer Arising from a New Jersey Workers’...

Marshall Dennehey on

Key Points: A workers’ compensation insurance carrier normally does not have a duty to pay benefits for an intentional injury claim....more

DarrowEverett LLP

Private Nuisance Claims: Just What Behavior Crosses the Line?

DarrowEverett LLP on

“Three hours of sleep again last night. Three hours of sleep because of that dog!” The foible of being an attorney is not being able to enjoy television without noticing every liability, crime, and actionable conduct of...more

Butler Weihmuller Katz Craig LLP

Florida Supreme Court Answers Certified Question: Dram Shop Actions Are Negligence Actions

Faircloth arose from a November 2014 motor vehicle accident involving a 20-year-old driver who was served alcohol at Potbelly’s bar and an 18-year-old pedestrian who was served alcohol at Cantina 101. The guardianship for the...more

Fox Rothschild LLP

Whether Making Laws or Babies, Caution is Needed.

Fox Rothschild LLP on

We wrote last week about the Alabama Supreme Court case which held that under that state’s law a frozen embryo housed in a laboratory was a child as a matter of law and the parents of such a “child” had legal rights to...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Insights, Issue 3, October 2023

New Business Reporting Obligations for Employers: Beneficial Ownership Information Under the Corporate Transparency Act - Effective January 1, 2024, most legal entities incorporated, organized, or registered to do business...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Federal Judge Says Privacy Act Damages Are Discretionary, Vacates $228M Award

A federal judge in the Northern District of Illinois vacated a $228 million damages award issued following the first-ever jury verdict in an Illinois Biometric Information Privacy Act (Privacy Act or BIPA) class action and...more

Rivkin Radler LLP

Insurance Update - June 2023

Rivkin Radler LLP on

Courts took up some interesting insurance questions this past month. Here’s some we address in our June Insurance Update. When a government sponsored cyberattack infects computers worldwide, does the war exclusion apply? ...more

BCLP

Lender’s refusal to approve property sale not intentional interference with business relations

BCLP on

The Sixth Circuit, on March 29, 2023, affirmed the dismissal of a real estate developer’s complaint against Goldman Sachs Specialty Lending Group LP, holding that Goldman Sachs’ refusal to consent to a property sale could not...more

Goldberg Segalla

Shipyard Defendant Granted Partial Summary Judgment on Plaintiff’s Non-Employee Exposure Claims

Goldberg Segalla on

United States District Court for the Eastern District of Louisiana - From 1972 to 1975, plaintiff Frank P. Ragusa Jr. operated a cherry picker at Avondale Shipyards as an employee of Huntington Ingalls, Inc. He then...more

Rivkin Radler LLP

Insurance Update - October 2022

Rivkin Radler LLP on

Kidnapping, treasure hunts, insurgents shooting down airplanes — sounds like the Fall TV lineup. But no, it’s our October Insurance Update. And in honor of the month’s most treasured sporting event, the Fall Classic, we...more

Goldberg Segalla

Intentional Tort and Fraud/Concealment Counts Dismissed for Several Defendants Court

Goldberg Segalla on

United States District Court for the Eastern District of Louisiana , August 24, 2022 - The Asbestos Case Tracker continues to cover the Becnel matter, in which the plaintiffs allege James Becnel was exposed to asbestos at...more

Goldberg Segalla

Multiple Defendants Successful on Motions for Summary Judgment on Plaintiffs’ Intentional Tort and Fraud Claims

Goldberg Segalla on

U.S. District Court for the Eastern District of Louisiana, July 25, 2022 - As previously reported on the Asbestos Case Tracker, this matter stems from decedent Callan Cortez’s take-home exposure to asbestos, from his...more

Cozen O'Connor

Intentional Act Without Intent to Harm May Not Be an Occurrence

Cozen O'Connor on

An intentional act may not be an “occurrence” even when there is no intent to cause harm, according to a California appellate court’s recent ruling in Ghukasian v. Aegis Security Insurance Co.1 Ghukasian involved an insured...more

Wiley Rein LLP

Intentional Acts Exclusion Bars Coverage for Wrongful Death Lawsuit

Wiley Rein LLP on

A federal district court, applying Missouri law, has held that an insurer had no duty to defend or indemnify an insured because the underlying litigation alleged intentional conduct that was barred by an intentional acts...more

Butler Weihmuller Katz Craig LLP

Florida First DCA Reverses $28.6 Million Judgment and Emphasizes that Alleged Violations of the Florida “Dram Shop” Act are...

The effects of alcohol-impaired driving as it concerns life and limb are well-documented. Indeed, more often than not, the policy limits for the responsible party’s insurance policy are inadequate to compensate the injured...more

Law School Toolbox

Law School Toolbox Podcast Episode 306: Listen and Learn -- Intentional Torts: Defamation

Law School Toolbox on

Welcome back to the Law School Toolbox podcast! Today, we're talking about defamation -- a topic you might see on a Torts essay along with other intentional torts. In this episode we discuss: >The five elements of...more

55 Results
 / 
View per page
Page: of 3

"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