News & Analysis as of

Negligence Per Se

Farella Braun + Martel LLP

California Attorney General’s Office Files PFAS Lawsuit

The California Attorney General’s Office has turned its focus to PFAS, filing litigation that is likely to be one of the larger of the hundreds of PFAS-related lawsuits currently pending throughout the country. On November...more

Maron Marvel

Ongoing Trends in Fraternity and Sorority Lawsuits

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On November 1, 2012, a pledge of the Northern Illinois University chapter of the Pi Kappa Alpha fraternity tragically died due to alcohol poisoning. Six years later, attorneys on behalf of the deceased’s family were able to...more

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

Is the Violation of a Statute Negligence Per Se?

The answer to this question varies widely from state to state. But in Arkansas “the violation of a statute is only evidence of negligence and does not constitute negligence per se.” Cent. Oklahoma Pipeline, Inc. v. Hawk Field...more

Laughlin, Falbo, Levy & Moresi LLP

Mitigating Civil Liability for California COVID-19 Work Exposures

As we enter the tenth month of this pandemic, it is becoming increasingly clear that life must, and will, return to some degree of post-pandemic ‘normalcy’ in order to ensure our economic survival. ...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Sports, Drugs, and Pensions

This week, we take a look at two Ninth Circuit decisions concerning the employer-employee relationship.  In the first, the Court let the lawsuit against the NFL for its negligent handling of drug distribution to its injured...more

Snell & Wilmer

Does a Landlord’s Violation of the Arizona Residential Landlord-Tenant Act Constitute Negligence Per Se?

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In a recent Arizona Court of Appeals case, Ibarra v. Gastelum, 2020 WL 4218020 (7/23/20), the Court of Appeals addressed the question whether – in a tenant’s personal injury claim against the landlord – a landlord’s violation...more

Carlton Fields

A Case of Mass Listeria: Insurer’s Duty to Defend in New Jersey Contaminated Pizza Crusts Suit

Carlton Fields on

Last week, in Conte’s Pasta Co. v. Republic Franklin Insurance Co., a New Jersey federal court ruled that Republic Franklin Insurance Co. was obligated to indemnify Conte’s Pasta for the costs incurred defending against a...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 88: Listen and Learn -- Negligence Per Se

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Welcome back to the Bar Exam Toolbox podcast! This is the second episode in our "Listen and Learn" series, where we review legal concepts and apply them to fact patterns. Today, we're talking about negligence per se. In this...more

Law School Toolbox

Law School Toolbox Podcast Episode 244: Listen and Learn -- Negligence Per Se

Law School Toolbox on

Welcome back to the Law School Toolbox podcast! This is another episode in our "Listen and Learn" series, where we review legal concepts and apply them to fact patterns. Today, we're talking about negligence per se. In this...more

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

Solar Array/Local Government: Federal Court Addresses Alleged Rights Violation Due to Construction

The United States District Court of Oregon (“Court”) addressed in an April 14th Opinion an action alleging violation of rights stemming from construction of a solar energy array. See Kristine Yates v. U.S. Envtl. Prot....more

White and Williams LLP

It Has Started: Supply-Chain, Warehouse and Retail Workers of Essential Businesses Are Filing Suit

White and Williams LLP on

Supply-chain businesses that are appropriately characterized as “essential” have remained open for the delivery of critical supplies while everyone else has been told to close up shop and stay home. Now essential-business...more

White and Williams LLP

Is a Violation of a COVID-19 Order the Basis For Civil Liability?

Thinking about ignoring your state or local COVID-19 shutdown orders? Think again. Social-distance measures may create a new source of liability for businesses operating during the COVID-19 pandemic. Infection-based...more

Haight Brown & Bonesteel LLP

Establishing comparative fault in vehicle vs scooter claims

It can happen in a flash. One moment you are driving along, winding through the crowded streets of your busy downtown metropolis. The next minute you are slamming on your brakes and swerving into oncoming traffic to avoid...more

Fisher Phillips

Even More At Stake Than Meets The Eye With Potential HIPAA Violations

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A federal court in New Mexico recently declined to dismiss tort claims asserted by a registered nurse against her employer, a government-run hospital, where she sought and obtained treatment for a brutal sexual assault. In...more

Womble Bond Dickinson

Cyber Security IMPOSSIBLE: California AG Decides a Ceiling is a Floor

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We all know why selecting appropriate data security standards is difficult. No two business are the same. Different businesses have different assets to protect and different bank accounts to tap. Different sized businesses...more

King & Spalding

Class In Session: Minnesota Federal Court Certifies Class In Target Corporation Data Breach Suit

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On September 15, 2015, a federal district court in Minnesota granted a motion for class certification of hundreds of credit unions and banks in an action against Target Corporation for damages stemming from the breach of...more

Beveridge & Diamond PC

DuPont Wins Partial Summary Judgment in Drinking Water MDL

An Ohio federal district court gave E.I. DuPont de Nemours and Co. a partial victory in litigation over ammonium perfluorooctanoate (“C-8”) drinking water contamination in Ohio and West Virginia by granting partial summary...more

Snell & Wilmer

Arizona Supreme Court Has the Final Word—Again—on Economic Loss Doctrine

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Last week, in Sullivan v. Pulte Home Corp., No. CV-12-0419-PR, Arizona’s highest court took on a lingering question about the scope of economic loss doctrine since its landmark decision of Flagstaff Affordable Hous. Ltd....more

Pullman & Comley, LLC

Appellate Notes: Week of April 1, 2013

Pullman & Comley, LLC on

In This Issue: - AC33703 - Sigular v. Gilson - AC33557 - Filippelli v. Saint Mary’s Hospital - AC34524 - Capel v. Plymouth Rock Assurance Corp. - AC34221 - Nichols v. The Milford Pediatric...more

Morrison & Foerster LLP

Howard v. Zimmer: Negligence Per Se Based on Violations of the FDCA—Blurring the Line Between Parallel Claims and Preemption

Last week in Howard v. Zimmer, — P.3d —, 2013 WL 1130759 (Okla. 2013), the Oklahoma Supreme Court held that a plaintiff can assert a negligence per se claim against a medical device manufacturer based on the manufacturer’s...more

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