News & Analysis as of

Negligence

Maison Law

California Bicycle Laws Every Rider Needs to Know

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California has a strong reputation for cycling. In 2022, the League of American Bicyclists designated the state as the fourth most friendly state for bicycling in the United States. Two California cities – Davis and Berkeley...more

Freiberger Haber LLP

In Pari Delicto … What Does That Mean?

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In Seitz v. Marcum LLP, 2024 N.Y. Slip Op. 51141(U) (Sup. Ct., N.Y. County Aug. 30, 2024) (here), Justice Robert R. Reed of the New York County Commercial Division addressed the doctrine of in pari delicto, which “bars a...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

BakerHostetler

SEC Approves PCAOB’s Rule Expanding Contributory Liability

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For nearly two decades since its enactment in 2005, PCAOB Rule 3502 prohibited any “person associated with a registered public accounting” firm from taking or omitting to take an action knowingly or recklessly in a way that...more

Segal McCambridge

New York Labor Law Appellate Division Round-Up

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Issues involved with construction accidents in New York are very fact-specific, and it is important to obtain testimony and evidence of all aspects of the construction project to try and defeat a summary judgment motion....more

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

Underground Storage Tank/Groundwater Contamination: Negligence/Trespass/Nuisance Action Filed in Pulaski County, Arkansas Circuit...

Larry and Barbara Ann Morris (“Morris”) filed a Complaint in the Pulaski County, Arkansas Circuit Court on August 22nd alleging groundwater contamination pertaining to fuel related to a North Little Rock, Arkansas retail...more

Searcy Denney Scarola Barnhart & Shipley

Filing a Wrongful Death Claim After a Fatal Auto Accident in Florida

When someone you love dies in an auto crash, it is a terrible tragedy. When the accident was caused by the actions of a negligent driver, Florida law allows family members to recover compensation for their loss by filing a...more

Robinson+Cole Construction Law Zone

Rhode Island Closes One Bridge and May Have Burned Others with Ensuing Lawsuit

The state of Rhode Island recently filed a lawsuit against 13 companies that provided design, construction, and inspection services over the past ten years (the extent allowed by the applicable statute of limitations) to the...more

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

Water Intrusion/Mold: Home Buyer Files Action Alleging Breach of Warranty in Circuit Court of Washington County, Arkansas

Aaron and Michelle Lewis (“Lewis”) filed a Complaint in the Circuit Court of Washington County, Arkansas against Rouse-Walker Properties, Inc. d/b/a Cobble Stone Homes (“Rouse”) alleging Breach of Warranty for a house they...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – California AI regulation bill, AI model collapse, AI updates to Alexa’s voice, and more

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following....more

Tyson & Mendes LLP

Red Hot Water: Former Chili Pepper Guitarist Sued in Wrongful Death Action

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Josh Klinghoffer, a former Red Hot Chili Peppers guitarist and current touring member of Pearl Jam, has been sued for negligence and wrongful death. The lawsuit alleges Klinghoffer fatally struck a man while he was walking in...more

Bennett Jones LLP

Certification Denied in Proposed Negligent Design Class Action Against Gun Manufacturer for Mass Shooting

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The Ontario Superior Court recently emphasized the need, in a negligent design claim, for evidence on the product from a qualified design expert, even in the context of a certification motion....more

McCarter & English, LLP

Privilege Denied When Facilities Fail To Comply With NJ Patient Safety Act

Two New Jersey healthcare facilities that violated the New Jersey Patient Safety Act, N.J.S.A. §§ 26:2H-12.23 to -12.25, (PSA), must provide plaintiff patients with internal reports and documents relating to adverse events,...more

Rumberger | Kirk

How Florida’s New Comparative Fault Laws Can Help QSRs Reduce Liability Risk

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In the highly competitive quick-service restaurant industry, fast-food chains are continually looking for an edge over their competitors. Some brands have found a way to distinguish themselves from other fast-food...more

Marshall Dennehey

Supreme Court of New Jersey Holds that Indemnification Can Exist in First-Party Claims, With the Appropriate Language

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For many years, the rule of law governing claims for contractual indemnification in New Jersey has been well-established under the so-called “Azurak” rule, which requires that, in order for a party to be indemnified for its...more

DLA Piper

SEC Approves PCAOB Rule Amendment That Expands Individual Auditor Enforcement Liability

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The Securities and Exchange Commission (SEC) approved a proposed amendment to Public Company Accounting Oversight Board (PCAOB) Rule 3502. The amended rule expands enforcement liability for associated persons who...more

McCarter & English, LLP

Artificial Intelligence & Product Liability

As federal agencies and states grapple with regulating artificial intelligence (AI) to enhance its safety profile, and as businesses race to adopt AI for myriad purposes, it is important to recognize a general safety...more

White and Williams LLP

Georgia’s Products Liability Statute of Repose: “First Sale” vs. “A Sale”

White and Williams LLP on

In L’Oreal USA, Inc. v. Burroughs, 372 Ga. App. 30, 2024 Ga. App. LEXIS 250, the Court of Appeals of Georgia (Appellate Court) considered whether Georgia’s ten-year statute of repose for products liability precluded strict...more

Maison Law

California Distracted Driving Laws that Can Impact Your Car Accident Claim

Maison Law on

Potential and actual distractions abound when you occupy the driver's seat. You adjust the volume on the radio, heat, and air conditioning. Large screens in the front display maps, directions, radio stations, the song being...more

Akin Gump Strauss Hauer & Feld LLP

Cybersecurity After SolarWinds: Practical Guidance for CISOs Under the New Rules

Judge Engelmayer’s 107-page dismissal of most of the U.S. Securities and Exchange Commission (SEC)’s claims against SolarWinds provides valuable guidance, and some comfort, for public companies and Chief Information Security...more

Stark & Stark

Workplace Liability When a Third Party is Negligent

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When an individual suffers a work-related injury in the State of New Jersey, their employer (if the employer is self-insured), or the employer’s workers’ compensation insurance carrier is legally obligated to provide three...more

Searcy Denney Scarola Barnhart & Shipley

Rising Trends in Distracted Driving Accidents Across Florida: How to Stay Focused on the Road

Distracted driving affects everyone: drivers, passengers, pedestrians, and cyclists. The results can be catastrophic, resulting in personal injuries, physical disabilities and even death. According to the National Highway...more

Smith Debnam Narron Drake Saintsing & Myers,...

Effective Strategies for Handling Construction Defect Claims

In 2022, North Carolina was bustling with new construction projects, ranking as the sixth highest state for newly built homes. With so much building going on, construction defect claims are bound to pop up. These claims can...more

Butler Weihmuller Katz Craig LLP

Claimants Can’t Have Their Cake and Eat it Too

Eleventh Circuit Judicially Estops Claimant From Recovering Intentional Tort Judgment Under Errors and Omission Liability Policy - In a rarely seen application of the judicial estoppel doctrine in the third-party coverage...more

Maison Law

Does California Government Code § 844.6 Prevent Inmates from Filing Claims?

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The immunity of government bodies and officials from lawsuits and claims has been a long-standing part of the law. Under the principle, federal, state, and local governments generally cannot be held liable for negligent or...more

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