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Liability Jurisdiction

Marshall Dennehey

New Jersey Supreme Court Rules Out-of-State Alleged Tortfeasor Cannot Be Allocated Fault Under Comparative Negligence Act

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Estate of Crystal Walcott Spill v. Jacob E. Markovitz, M.D., 2025 WL 758318 - In this appeal before the New Jersey Supreme Court, the court held that an out-of-state alleged tortfeasor was not a party subject to allocation of...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Clarifies Amount in Controversy Requirement in Declaratory Judgment Actions Between Insurers and Their Insureds

Plaintiff’s counsel often employ a range of strategic tactics to defeat diversity jurisdiction because they view federal court as an unfavorable forum. One such tactic is to challenge the amount in controversy—a key...more

Mayer Brown

Arbitration Act 2025 | Part 2: Key Improvements

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The Arbitration Act 2025 is now an official new piece of legislation having received royal assent on 24 February 2025 ("2025 Act"). The new law, which refines and modernises the previous Arbitration Act 1996 ("1996 Act"),...more

Allen Matkins

Court Applies Internal Affairs Doctrine Even Though Statute Refers Only To Directors

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Courts are wont to say that Section 2116 of the California Corporations Code codifies the internal affairs doctrine.  See Villari v. Mozilo, 208 Cal. App. 4th 1470, 1478 n.8 (Cal. Ct. App. 2012) (“Corporations Code section...more

Goldberg Segalla

New Jersey Attorney Cleared of Alleged Malpractice

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The New Jersey Superior Court, Law Division, in Bergen County, granted a motion for summary judgment in a legal malpractice case against a New Jersey attorney defended by Goldberg Segalla. Goldberg Segalla’s client was the...more

Nutter McClennen & Fish LLP

Product Liability 2024 Year in Review

Massachusetts courts issued several important product liability decisions in late 2023 and 2024. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows ...more

Goldberg Segalla

Appellate Court Affirms Denial of Appellant’s Motion for Summary Judgment

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Jurisdiction: Court of Appeals of Minnesota - Appellant Westrock Minnesota Corporation f/k/a Waldorf Corporation (Waldorf), challenged the district court’s ruling, denying summary judgment on respondent’s asbestos-related...more

Husch Blackwell LLP

Washington Court Finds No Take-Home Exposure in Asbestos Bench Trial

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In Perkins v. United States, Plaintiff Tristan Perkins sued the United States under the Federal Tort Claims Act (“FTCA”) for her mother Geraldine Perkins’ (“Decedent”) alleged wrongful death due to asbestos exposure. Alleging...more

Goldberg Segalla

Judicial Hellholes: 2024-2025 Executive Summary

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The 2024-2025 Judicial Hellholes report shines its brightest spotlight on 10 jurisdictions that have earned reputations as Judicial Hellholes. Asbestos litigation continues to be a trend within numerous jurisdictions....more

Allen Matkins

Questioning Delaware's Control Over Controlling Stockholders

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Delaware cases dealing with transactions involving controlling stockholders are often concerned with the standard of review to be applied.  See, e.g., Tornetta v. Musk, 250 A.3d 793 (2019).  Some cases engender a different...more

Walkers

Company Migration to and from Jersey

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The application process and evidence required by the JFSC for a migration - Consideration of a migration application by the JFSC...more

Husch Blackwell LLP

American Tort Reform’s 2025 Top 10 “Judicial Hellholes” for Defendants

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Released yearly in December, the American Tort Reform (ATR) Foundation publishes its annual “Judicial Hellhole” rankings for the upcoming year. The Hellholes represent the worst of the worst jurisdictions to defend tort...more

Walkers

Guernsey Protected Cell Companies (PCCs) - the key features

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Guernsey was the first jurisdiction to implement the protected cell company ("PCC"), doing so over 25 years ago. The PCC was originally created for use in insurance structures, although today it is also widely used for...more

IR Global

The human touch - AI’s role in commerce - The Visionaries

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The Productivity Paradox: Does more technology mean less growth? Is there scope to use AI in commercial contracts? Will it save time, or ultimately cost more time in review and pose greater risk?...more

Freiberger Haber LLP

Death of a Litigant

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Because litigation can be a long and drawn-out process, it is not uncommon for litigants to die during the pendency of a lawsuit. In today’s BLOG article, we address the problems that may arise when a litigant dies. This BLOG...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2022 – 2024

The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

White & Case LLP

South African Bank and Bank Controlling Company Flac Instruments: Contractual Recognition of the South African Reserve Bank’s...

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The Prudential Authority of South Africa (the "Prudential Authority") published Draft Prudential Standard RA03 entitled "Flac Instrument Requirements for Designated Institutions" (the "Draft Flac Standard") in December 2023...more

Walkers

Enforcement of foreign arbitral awards by the Grand Court of the Cayman Islands

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The circumstances in which an unsuccessful party in arbitration may resist enforcement of an award in the Cayman Islands are limited in number and narrow in scope. The judiciary are alive to the risk that parties may run...more

White and Williams LLP

A Look at What's to Come: Looming Changes to the Pennsylvania Statutory Liability Caps

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Perhaps unsurprisingly for plaintiffs’ and defense attorneys who have been following the ongoing saga related to statutory damages caps, the Pennsylvania Supreme Court granted an appeal in Freilich v. SEPTA, 302 A.3d 1261...more

Snell & Wilmer

The Prevalence and Challenges of Loss of Productivity Claims in Today’s Construction Industry

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Losses of labor productivity issues and claims seem to have taken on more prominence in the last few years due to labor shortages, material shortages, and the quickly changing economics and supply change issues affecting the...more

Proskauer - Minding Your Business

Legal Separateness: The Boundaries on Written Discovery

The concept of corporate legal separateness has long been a fortress protecting affiliated business entities such as parents, subsidiaries, and sister companies from various kinds of liability and litigation. However, how...more

White and Williams LLP

Florida Passes Tort Reform Bill

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On Friday, March 24, 2023, Florida’s governor, Ron DeSantis, signed into law a tort reform bill, HB 837. The bill impacts, among other things, bad faith actions and attorney’s fee awards. Of particular importance to...more

Husch Blackwell LLP

Judicial Hellhole Ranks for 2022-23 Receive a Significant Shake Up

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The American Tort Reform Foundation (ATR) released its 2022-2023 Judicial Hellhole report. In this report, the ATR ranks the eight most dangerous jurisdictions for corporate defendants and their defense attorneys. This year...more

Husch Blackwell LLP

The Government Contractor Defense: 10 Things Contractors Need To Know

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Government contractors facing products liability suits may have a number of unique defenses available them, depending on the government’s role in the alleged act or omission giving rise to the plaintiff’s claimed harm. One...more

Husch Blackwell LLP

Mallory enforced by Philadelphia Court – There Is No General Jurisdiction Based on Registration to Do Business

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We previously blogged on the Pennsylvania Supreme Court’s decision in Mallory v. Norfolk S. R.R. Co., Civ. A. No. 3 EAP 2021, Slip. Op. J-49-2021 (Pa. Dec. 22, 2021), which put an end to general jurisdiction based solely on...more

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