News & Analysis as of

Intentional Torts

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.

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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

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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

Sherman & Howard L.L.C.

Supreme Court Paves a Way for Union Strike Damage Claims

In an almost unanimous decision, the Supreme Court held that an employer could pursue tort claims against a union for destruction of property during a strike notwithstanding the broad doctrine of preemption under the National...more

BCLP

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

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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

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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

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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

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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

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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

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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

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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

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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

Patrick Malone & Associates P.C. | DC Injury...

Sharp reminders of the need to watch out for dangerous doctors

Patients, politicians, and regulators may find it tough to believe, so they need sharp periodic reminders: While there are many terrific, dedicated doctors working today, there also are some truly terrible ones. And dealing...more

Law School Toolbox

Law School Toolbox Podcast Episode 288: Listen and Learn -- Assault and Battery (Torts)

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Welcome back to the Law School Toolbox podcast! Today, we're discussing the elements of two intentional torts - namely, assault and battery. We also cover specific scenarios demonstrating when these torts can occur. In this...more

Lowndes

Updated: Florida Legislature Advancing COVID-19 Liability Shield Bills

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Updated March 9, 2021 - On March 5, 2021, Florida’s House passed HB 7 which if ratified by the Senate and signed by the Governor will make proving a personal injury case arising from COVID liability in Florida all but...more

Ervin Cohen & Jessup LLP

Negligent Retention, Hiring Rulings Show Importance of Policy Language

Where an employee of a company commits an intentional act, such as a battery or sexual molestation, the managers of that company are often named as defendants on a theory of “negligent supervision”, “negligent retention” or...more

Woods Rogers

BOOOOO!

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As a special Halloween Treat, we look at a recent Motion to Dismiss ruling by Judge Doumar. The facts are colorful.  An unidentified SeaWorld employee, dressed as a clown, was working at the Howl-O-Scream event at Busch...more

Searcy Denney Scarola Barnhart & Shipley

The Number One Rule in Product Liability Claims

Product liability is based in “tort” law, along with legal claims like intentional torts, negligence, and strict liability. Torts are wrongful acts that cause injury to another person. Product liability claims can be based on...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 104: Listen and Learn -- Intentional Torts: Defamation

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Welcome back to the Bar Exam Toolbox podcast! Today, we're talking about defamation -- a topic you might see on a Torts essay along with other intentional torts, and sometimes on the MBE as well. We also highlight some of the...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 103: Listen and Learn –- Assault and Battery

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Welcome back to the Bar Exam Toolbox podcast! Today, we have another episode in our "Listen and Learn" series, where we review a substantive area of the law and apply the rules to fact patterns. This time, we're focusing on...more

Snell & Wilmer

Exceptions to the Enforceability of Limitation of Liability Clauses

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A common feature of some contracts, including construction and design contracts, is a limitation of liability clause that limits or "caps" the amount of potential damages a party faces in the event of a breach. Although...more

Farrell Fritz, P.C.

Insurers Must Defend Claims Brought By Hulk Hogan: Intentional Tort Deemed “Accidental” Occurrence

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To welcome the New Year, we venture outside this blog’s traditional realm of commercial division practice and procedure to reflect on the nature of “intent” at the intersection of professional wrestling and insurer coverage...more

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