News & Analysis as of

Liability

McAfee & Taft

Gavel to Gavel: Needs of the medical marijuana industry

by McAfee & Taft on

The business community is abuzz with anticipation for the future of the medical marijuana industry in Oklahoma. The June election saw Oklahoma approve one of the nation’s most expansive medical marijuana laws, and more ballot...more

Hogan Lovells

When is a parent company liable in tort for acts of its subsidiary? AAA and Others v Unilever PLC and Another [2018] EWCA Civ 1532

by Hogan Lovells on

On 4 July 2018, the Court of Appeal in the UK handed down its judgment in AAA and Others v Unilever PLC and Another [2018] EWCA Civ 1532, in which the claimants sued Unilever PLC (Unilever) in tort for acts of its subsidiary...more

White and Williams LLP

New York Federal Court Holds That the Montreal Convention Does Not Allow a Party to Recover Inspection Costs Where Cargo Suffers...

by White and Williams LLP on

In Indemnity Ins. Co. of N. Am. v. Agility Logistics Corp., 2018 U.S. Dist. LEXIS 104179 (S.D.N.Y.), the United States District Court for the Southern District of New York considered the “novel question” of whether the...more

Reminger Co., LPA

Roadside Foliage Obstructing a Stop Sign – Is A City Liable?  A Case of First Impression

by Reminger Co., LPA on

The Ohio Supreme Court recently held that a city is not liable for foliage that obstructs a motorist’s view of a stop sign. Pelletier v. City of Campbell, 2018-Ohio-2121. The court determined that foliage that was only...more

Holland & Knight LLP

No Recovery for Inspection Costs of Undamaged Cargo Under the Montreal Convention

by Holland & Knight LLP on

The U.S. District Court for the Southern District of New York recently addressed a novel question concerning inspection costs under the Montreal Convention (MC). In Indemnity Ins. Co. of N. Am. v. Agility Logistics Corp.,...more

Robinson+Cole Construction Law Zone

California and Maryland Have Enacted Legislation Essentially Making The General Contractor the Guarantor for All Wages on the...

It’s been said that as California goes, so goes the nation. If so, general contractors throughout the country may soon be taking on more responsibility for the unpaid wages of the workers on their construction projects than...more

Bradley Arant Boult Cummings LLP

Failure by Injured Party to Take Reasonable Action May Limit Recovery - Construction and Procurement Law News, Q2 2018

There are instances where a party’s breach of the construction contract is undisputed. However, the amount of recoverable damages often hinges on the injured party’s own conduct both during and following that breach. The...more

Dickinson, Mackaman, Tyler & Hagen, P.C.

The $5,500 per day Lesson to Learn from I-35 Construction Delay

Last week, KCCI in Des Moines reported that the new off-ramp being constructed on Interstate 35 near Ames must be torn down and rebuilt due to a mistake of “several inches.” As reported, the mistake was human error in the...more

Gray Reed & McGraw

Original Louisiana Lessee Can’t Escape Liability

by Gray Reed & McGraw on

Louisiana practitioners and their clients tend to know this particular point of Louisiana law, but it could surprise out-of-staters (known in their native habitat as “Texans”), so it’s worth a reminder...more

Orrick, Herrington & Sutcliffe LLP

Parental Liability for GDPR Infringements: Lessons from EU Competition Law?

Yesterday, Europe's highest court affirmed financial investors' liability for infringements of EU competition law by subsidiaries over which they exercise, or might be considered to exercise, "decisive influence"....more

Gray Reed & McGraw

Louisiana Lender Not Liable for Lease Violations

by Gray Reed & McGraw on

The Louisiana Supreme Court’s reversal of lower courts in Gloria’s Ranch, L.L.C. v. Tauren Expl., Inc. eliminates a major source of anguish for Louisiana energy lenders and their borrowers. You might recall our report on the...more

Best Best & Krieger LLP

[WEBINAR] Automated Vehicle Pilot Project Risks and Smart Infrastructure

by Best Best & Krieger LLP on

As pilot projects testing self-driving and connected vehicles continue to roll out across the country, new policy, liability and contractual issues arise — in addition to considerations around future "smart" infrastructure...more

Bass, Berry & Sims PLC

The Telephone Consumer Protection Act in the Healthcare Industry

by Bass, Berry & Sims PLC on

As healthcare companies increasingly rely on mobile delivery platforms and other technologies to communicate with patients about appointments, billing and other issues related to their healthcare management, the potential for...more

Bowditch & Dewey

New England Journal of Higher Education publishes "Support Responsibilities in an Age of Campus Suicide"

by Bowditch & Dewey on

In 2004, then-University of New England President Sandra Featherman authored a piece for NEJHE (then called Connection) headlined “Emotional Rescue” and focusing on how a new generation of troubled college students was...more

Barley Snyder

Are Criminal Background Checks for Nursing Home Residents Coming?

by Barley Snyder on

A recent two-week trial that ended with a $7.5 million payout from a Lancaster County nursing home to the estate of a resident sexually assaulted by another resident has brought up questions to whether criminal background...more

Shutts & Bowen LLP

A Pricey Drafting Error in a Jewelry Store Lease

by Shutts & Bowen LLP on

Many of the topics we cover in this space ultimately come down to problems in drafting.  Of course, these drafting issues aren’t apparent when the parties execute the lease, contract, or other document....more

Lowndes, Drosdick, Doster, Kantor & Reed,...

Bears in the Breezeways? Apartment Project Owners and Managers Could Be Liable for Bear Attacks

The Florida Fish and Wildlife Conservation Commission (FWC) receives numerous telephone calls each year reporting black bear sightings significant enough to prompt safety concerns. Since 2013, there have been several...more

Howard Ankin

After a Car Accident

by Howard Ankin on

The steps taken in the minutes, days, and weeks following a crash can have a significant impact on the success of an accident claim. Myths and misinformation about car insurance companies, tort laws, and other auto accident...more

Carlton Fields

Decade-Long Battle Between Policyholder, Reinsurer, And Retrocessionaire To Continue As Reinsurer Files Notice Of Appeal

by Carlton Fields on

A Brazilian mining and steelmaking company (Companhia Siderurgica Nacional, S.A. (“CSN”)), a Brazilian insurance company (IRB Brazil Resseguros, S.A. (“IRB”)), and an American insurance company (National Indemnity Company...more

Gray Reed & McGraw

Trespass by Fracking Recognized in Pennsylvania

by Gray Reed & McGraw on

Briggs v. Southwestern Energy is another way to say “chaos” in Pennsylvania. The Superior Court ruled that fracking may constitute a trespass when subsurface frac-fluid and proppants cross boundary lines and extend into the...more

Ary Rosenbaum

When it comes to theft, the fiduciary vs. settlor function debate is meaningless

by Ary Rosenbaum on

A friend of mine called me up a few weeks back and was telling me a story how he had a debate with Jeff Richie from Vantage Benefits at a conference a few years back. Richie claimed he had some writing from the Department of...more

Hogan Lovells

Liability regulation of online platforms in the UK

by Hogan Lovells on

The UK's diverse ecology of online platforms is a key growth engine for the UK economy and society. It enables knowledge discovery, sales, social and economic interaction and the sharing and distribution of content. Please...more

Rumberger Kirk & Caldwell

Back to the Basics: Cost Effective Strategies for the Reduction of Law Enforcement Liability

by Rumberger Kirk & Caldwell on

Law enforcement risk management programs and related training goals typically concentrate on the traditional high liability areas: firearms and weapons, use of force, driving, arrest techniques, first responder and first aid,...more

Robins Kaplan LLP

N.Y. Court of Appeals Lowers the Bar on Summary Judgment in Personal Injury Cases

by Robins Kaplan LLP on

On April 3, 2018, the New York Court of Appeals issued a closely divided opinion in Rodriguez v. City of New York, Case No. 32, holding that plaintiffs need not establish the absence of their own comparative negligence in...more

Jaburg Wilk

Compliance with Contractual Provisions to Procure Insurance: The Illusion of Coverage Provided by Certificates of Insurance

by Jaburg Wilk on

Commercial contracts often require the party with less bargaining power to procure insurance for the party with more bargaining power as a way to shift risk and potential liability. General Contractors often require a...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

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California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

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Controlling and Deleting Cookies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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