News & Analysis as of

Liability State and Local Government

Conn Kavanaugh

Massachusetts Appeals Court Expands Chapter 93A to Encompass Hotel’s Failure to Warn Guest of Non-Solicitation Policy

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With each decision, the courts give shape to Chapter 93A. This is Attorney Thayer’s second article on such decisions. To read his July 2023 coverage, click here. In a surprising decision that heightens potential exposure...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity - June 2023

In our June Privacy & Cybersecurity Update, we review new data privacy laws in Colorado, Connecticut, Florida and Montana; Verizon’s annual Data Breach Investigations Report; AM Best’s report on cyber insurance trends; and...more

Chartwell Law

2023-2024 Final Georgia Legislative Updates: General Liability

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In its current session, the Georgia Legislature considered ten bills that, if passed, would have directly impacted the transportation industry in the state. The last day of the Georgia legislative session, known as sine die,...more

Chartwell Law

2023-2024 Proposed Georgia Legislative Updates: General Liability

Chartwell Law on

In its current session, the Georgia Legislature is considering numerous bills that, if passed, will directly impact the landscape of legal liability in the state. Below we summarize some important components of this proposed...more

Faegre Drinker Biddle & Reath LLP

Ninth Circuit Adheres to Precedent and Finds That Subverting Express Warranties Simply Does Not Compute

On May 19, 2022, in an unpublished decision, a Ninth Circuit panel reaffirmed that under California law manufacturers do not have a duty to disclose defects in their products that manifest after the expiration of the...more

Foley Hoag LLP - Environmental Law

The Drumbeat of PFAS Litigation Is Getting Louder

On May 25th, Massachusetts filed suit against a number of companies alleged to have manufactured PFAS and/or aqueous film-forming foam.  Massachusetts joins a number of other states which have already brought similar...more

Faegre Drinker Biddle & Reath LLP

Court Rejects Healthcare Facility’s Use of Emergency Purpose Exception

The Middle District of Florida recently held that a defendant cannot invoke the “emergency purposes” exception to the TCPA if the defendant continues to send messages after the plaintiff has instructed the defendant to stop. ...more

Sheppard Mullin Richter & Hampton LLP

Employers May Face an Expanded Liability Period in PAGA Suits Under the Relation Back Doctrine

On February 7, 2022 a California Court of Appeal issued its decision in Hutcheson v. The Superior Court of Alameda County (UBS Financial Services, Inc.). The case addresses the relation back doctrine in the context of a...more

Pillsbury Winthrop Shaw Pittman LLP

Sixth and Eighth Circuits Confirm the Broad Applicability of the Price-Anderson Nuclear Industries Indemnity Act

Recent federal court decisions in the Sixth and Eighth circuits affirm holdings in other circuits - The Sixth Circuit, in Matthews v. Centrus Energy Corporation, affirmed that the Price-Anderson Act broadly preempts state...more

Searcy Denney Scarola Barnhart & Shipley

7 Things to Know About Defective Products & Product Liability Cases

The short answer is “no.” In fact, the very term “automatically” is rarely found when discussing legal duties of any kind. There are conditions that must be met in order to successfully claim that a landlord is legally...more

Sheppard Mullin Richter & Hampton LLP

And Then There Were Three: Colorado Passes Privacy Law, Effective July 2023

Colorado recently joined Virginia and California in passing a more comprehensive privacy law. The Colorado Privacy Act (CPA) will go into effect July 1, 2023. This is six months after Virginia’s law (CDPA) and California’s...more

Epstein Becker & Green

Florida Legislature Provides COVID-19 Liability Protection for Health Care Providers

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At the end of March, Florida joined the roster of states that have erected legal shields for health care providers against COVID-19-oriented liability claims. Concerned about uncertainty surrounding the emergency measures...more

Bradley Arant Boult Cummings LLP

Expansion of Premises Liability for Construction Owners

A property owner is generally liable for hazards on the property that injure others. On construction projects, this presents a significant risk for owners because there are always multiple hazards present, and the owner,...more

Jackson Lewis P.C.

Georgia Passes Bill To Extend COVID-19 Legal Immunity Protection A Year; Governor Considering

Jackson Lewis P.C. on

Following up on Georgia’s “COVID-19 Pandemic Business Safety Act,” passed and signed into law in 2020, the Georgia legislature has passed a one-year extension to the liability protection, to July 14, 2022. The bill has been...more

Carlton Fields

Gov. DeSantis Signs COVID-19 Business Liability Protection Bill Into Law

Carlton Fields on

On March 29, 2021, Florida Gov. Ron DeSantis signed the first bill of the 2021 Florida legislative session into law — Senate Bill 72 (SB 72) limiting civil liability against businesses for damages related to COVID-19. The...more

Nelson Mullins Riley & Scarborough LLP

Gold Dome Report — Legislative Day 31

Legislators wrapped up a long Crossover week today with short floor sessions and a variety of committee meetings. Most notably, subcommittees of the Senate Appropriations Committee rushed to complete hearings on the FY22...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

Steptoe & Johnson PLLC

The COVID-19 Jobs Protection Act: Liability Immunity for Health Care Facilities on the Horizon in West Virginia

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On February 19, 2021, the West Virginia Senate passed SB 277, the “COVID-19 Jobs Protection Act.” The purpose of the Act is stated to “eliminate the liability of the citizens of West Virginia and all persons including...more

Pullman & Comley - School Law

March is Maple Month!

A Connecticut board of education frequently manages the most acreage and employs the most people of any business in the community.  While this column usually focuses upon legal issues concerning the education of students, and...more

Akerman LLP - Health Law Rx

The Sun is Rising on COVID Liability Protection for Florida Healthcare Providers

Good news is here for healthcare providers worried about being left out of COVID-19-related liability protections during the 2021 Florida Legislative Session! The Republican-led Legislature, supported by Governor Ron...more

Farrell Fritz, P.C.

Snow Way They’re Paying for That: Limitations on Government Liability for Snow Plow Accidents

Farrell Fritz, P.C. on

With all the recent snow Long Island has seen, and with more in the forecast, snow plows, sanders, and other emergency response vehicles have been a common sight....more

Searcy Denney Scarola Barnhart & Shipley

Is Premises Liability the Same as Negligence in Florida?

The simple answer is no, although the two types of claims are similar. If you have suffered an injury, you and your lawyers may have to decide what kind of claim to bring for your damages. The cause of your injuries will...more

Gray Reed

Dereliction of Duty: Can Local Governments Be Liable for Not Protecting Property from Protestors?

Gray Reed on

Eager to spark the socialist revolution, left-wing activists seized Ramsett Park and the surrounding area and declared an independent autonomous community dedicated to social and economic justice. While that hypothetical...more

Alston & Bird

What Is Government Doing to Protect Businesses Against COVID-19-Related Tort Liability? A National Overview

Alston & Bird on

Our Litigation and Legislative & Public Policy Groups provide an overview of the current landscape of federal and state efforts to protect businesses (beyond those at the epicenter of the pandemic response) should they find...more

Nelson Mullins Riley & Scarborough LLP

Gold Dome Report - 2020 Legislative Session

In the longest legislative session in Georgia history – caused by the long COVID pause from mid-March to mid-June – lawmakers handled a number of thorny and difficult issues, including the passage of a...more

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