News & Analysis as of

Liability

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

To Lawyers Who Refer Clients to Estate-Planning Attorneys Who Act as Professional Trustees: Beware the Uniform Trust Code’s...

Consider the lawyer who lacks a working familiarity with trusts, and with estate planning generally. He prudently and ethically refers a client in need of an estate plan to a well-respected lawyer who also happens also to be...more

Arnall Golden Gregory LLP

Georgia’s Tort Reform Law (SB 68) Grants Significant New Protections to Property Owners From Runaway Premises Liability Claims

After two consecutive years ranking as the number one “judicial hellhole” in the country — followed by only a slight improvement to number four — Georgia’s General Assembly, with the leadership of Governor Kemp, passed...more

Falcon Rappaport & Berkman LLP

The Process is the Punishment: The Hidden Benefit of Advance Asset Protection Planning

Over the past few decades much has been written about the benefits of engaging in asset protection planning to protect one’s legacy from future unknown, unforeseen lawsuits and other third-party claims. Antidotally, those of...more

Kilpatrick

Georgia Passes Tort Reform

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In one of the most closely watched issues before the Georgia Legislature this year, Georgia law has been amended through two tort reform bills, Senate Bills 68 and 69. These bills will impact various aspects of Georgia’s...more

Segal McCambridge

Going to the Dogs: New York Court of Appeals Opens Door to Animal Negligence Claims

Segal McCambridge on

New York’s Court of Appeals has overturned decades-old precedent and permitted victims of animal-related injuries to recover damages against an animal’s owner. An injured person can now pursue claims against an animal’s owner...more

Chambliss, Bahner & Stophel, P.C.

Understanding Georgia’s 2025 Tort Reform: Key Legal Changes for Civil Lawsuits

If you’re a property or business owner in Georgia, a new tort reform bill, signed into law by Gov. Brian Kemp on April 21, 2025, may affect you. It impacts how current and future civil tort lawsuits are handled in Georgia....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Lithium-Ion Battery/Common Law Action: Faulkner County, Arkansas Circuit Court Complaint Filed Alleging Personal Injuries Due to...

Andrew Riggs (“Plaintiff”) filed an April 24th Complaint in the Faulkner County, Arkansas Circuit Court alleging personal injuries when to what is described as a 21700 lithium-ion battery exploded. See 23CV-25-965....more

Jones Day

Georgia Enacts Major Tort Reform Legislation

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

Pierce Atwood LLP

Disappearing Act: Latest Executive Order Takes Aim at Disparate Impact Liability

Pierce Atwood LLP on

On April 23, 2025, President Trump signed an executive order aimed at eliminating enforcement of “disparate impact” discrimination claims, asserting that the disparate impact liability theory—used by courts for over five...more

Hissey, Mulderig & Friend, PLLC

Louisiana Asbestos Workers May Qualify for Lung Cancer or Mesothelioma Lawsuits

Asbestos workers in the state of Louisiana who have been diagnosed with mesothelioma cancer or asbestos lung cancer may be eligible to file a lawsuit or bankruptcy trust claim against the companies responsible for their...more

Goldberg Segalla

The Expansion of Dog Owner Liability in New York

Goldberg Segalla on

In a landmark decision likely to have wide-ranging implications for premises liability claims and insurance defense litigation, the New York Court of Appeals, the state’s highest court, has upended decades of precedent in its...more

Mintz - Intellectual Property Viewpoints

Joint Development Agreements and Trade Secrets - Sweat the Small Stuff

Joint development, or “teaming agreements” regularly anticipate one party disclosing trade secret subject matter to its counterparty to facilitate the joint development effort. While most JDAs involve companies with distinct...more

Stoel Rives - Notice of Appeal

Oregon Supreme Court Clarifies Contribution Rights under the Oregon Environmental Cleanup Assistant Act

Last week, the Oregon Supreme Court issued an important decision interpreting the Oregon Environmental Cleanup Assistance Act (OECAA), clarifying the boundaries of insurer contribution rights and the scope of the statute’s...more

Maison Law

How Personal Injury Settlements are Calculated in California

Maison Law on

California is home to more than its fair share of personal injury claims, the vast majority of which, according to California courts, include car crashes and slip and fall injuries. Workplace injuries involving cuts and...more

Stoel Rives LLP

AI and Insurance – The Awkward Early Days

Stoel Rives LLP on

For lawyers like me who practice at the intersection of law and insurance, the swift and widespread adoption of Artificial Intelligence across the business world is bringing new challenges and questions nearly every day. In...more

Maison Law

Why You Shouldn't Wait to File a Personal Injury Claim after a California Car Accident

Maison Law on

Speeding, distracted or drunk driving, and other kinds of negligence frequently lead to catastrophic car crashes in California. In fact, in 2024 the state saw more than 18,000 injury and fatality causing car accidents. When...more

Fox Rothschild LLP

How Pennsylvania's New Directed Trust Act Will Affect Corporate Trustees

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Now that Pennsylvania recognizes directed trusts, corporate fiduciaries should be aware that sharing trust responsibilities could create both legal liability and administrative burdens. The law, which went into effect late...more

Ballard Spahr LLP

Governor Brian Kemp Signs Tort Reform Legislation, Excludes Human Trafficking From Its Provisions

Ballard Spahr LLP on

Georgia Governor Brian Kemp has been a proponent of tort reform legislation for years, stating that the “current litigation climate has led to increased costs for consumers and a higher barrier to entry for those who want to...more

Searcy Denney Scarola Barnhart & Shipley

Florida’s Floating Time Bombs: The Legal Dangers of Unregulated Boat Rentals

Millions of tourists, along with local residents, flock to Florida’s pristine waters to take pleasure in the sun and sea while experiencing boating freedom. But beneath the picturesque surface lies a growing and often...more

Holland & Hart - Your Trial Message

Prioritize Safety for Your Gen-Z Jurors

We live in uncertain times, and that is becoming a more obvious observation by the day. From the turmoil in the financial markets to the tumult in the marketplaces of ideas, there is a widely felt lack of security,...more

Pillsbury - Policyholder Pulse blog

The Latest on PFAS: What Policyholders Need to Know Now

We have previously written on the evolving risks associated with PFAS—also known as “forever chemicals”—and their implications for policyholders navigating environmental liabilities involving both PFAS and PFAS-related...more

Hanson Bridgett

Taking Responsibility: Who’s At Fault? Lorenzo Court Says Everyone

Hanson Bridgett on

A recent court ruling raises questions and concerns over the scope of liability owners and contractors may face when a subcontractor's employee is involved in an off-site accident during the course of construction. ...more

Gardner Law

What's on File Could Be on Trial - Mastering Documentation Risk

Gardner Law on

Every document your employees create—emails, text messages, meeting notes, voicemails—has the potential to become critical evidence in litigation. In today’s legal environment, even casual communications can expose your...more

Husch Blackwell LLP

Guns, Liability, and the Law: Why the Gustafson Decision Matters

Husch Blackwell LLP on

The Protection of Lawful Commerce in Arms Act (PLCAA) has long been a cornerstone of protection for firearms manufacturers and sellers, shielding them from liability when their products are misused in crimes. But recent...more

Searcy Denney Scarola Barnhart & Shipley

Does Strict Liability Apply When You’re Injured by Exposure to Toxic Chemicals?

It is becoming almost impossible to avoid being exposed to multiple different chemicals on a daily basis. Companies use them to make their environments look and smell cleaner, to keep pests away, and to save time in...more

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