News & Analysis as of

Negligence

New Jury Imposes Disproportionate Punitive Award In AbbVie Retrial

Only three months after AbbVie obtained a retrial of a case in which a jury had imposed $150 million in punitive damages without awarding any compensatory damages, a new jury awarded the same plaintiff $200,000 in...more

Impaired Property Exclusion Bars Coverage When Loose Bolt Interferes with MRI Unit Operation

In All Green Electric v. Security National Ins. Co. (No. B279456, filed 3/19/18, ord. pub. 4/17/18), a California appeals court ruled that the impaired property exclusion barred coverage for a claim based on the insured’s...more

Plaintiffs No Longer Have to Demonstrate the Absence of Comparative Fault to Avoid Summary Judgment in New York

by White and Williams LLP on

On April 3, 2018, the New York Court of Appeals addressed a question that “has perplexed courts for some time,” that is, whether a plaintiff must establish his or her own comparative negligence in order to obtain partial...more

New York’s Court of Appeals Clarifies the Burden of Proof in Summary Judgment Cases

by White and Williams LLP on

In Rodriguez v. City of New York, 2018 N.Y. LEXIS 793, 2018 NY Slip Op. 02287 (Apr. 3, 2018), New York’s Court of Appeals, New York’s highest court, addressed the question of whether a plaintiff, in moving for summary...more

Audit Defense: The time to prepare for an audit is before the return is filed

by Sanford Millar on

A recent Tax Court case illustrates how a taxpayer should anticipate an audit by maintaining proper books and records. The case involved the deductibility of losses as “ordinary losses” as opposed to “passive losses” by an...more

NY High Court Overturns 25 Years of Precedent in Ruling on Contributory Negligence

by Harris Beach PLLC on

The flood gates in New York courts have been opened wide for personal injury plaintiffs by the removal of an obstacle to their success on motions for summary judgment in negligence actions following the recent decision of the...more

No Celebration For Yahoo! Data Breach Claims Survive Motion To Dismiss

by Carlton Fields on

After Yahoo! Inc. suffered three data breaches in a span of four years, plaintiffs brought a putative class action lawsuit against the internet service provider and a subsidiary (collectively, “Yahoo”), alleging defendants...more

Chicago Makes Sure Uber Drivers Get Their Z’s

by Howard Ankin on

The city of Chicago and Uber are taking steps to prevent drowsy driving accidents and Chicago rideshare drivers are required to comply with a city ordinance that regulates the number of hours behind the wheel....more

Plaintiffs’ Notice That the ‘Taxman Cometh’ Was Sufficient to Trigger Statute of Limitations

by Carlton Fields on

In a November 16, 2017 ruling, a California appellate court affirmed a summary judgment ruling in favor of several financial advisors, and insurer American General Life Insurance Company, holding that plaintiffs’ fraud and...more

Missouri Supreme Court Rules that Private Remedies Under the Missouri Human Rights Act Preempt Common Law Claims, Strictly...

by Lathrop Gage on

The Missouri Supreme Court recently placed two important restrictions on the ability of a plaintiff to bring a lawsuit for actions that fall within the reach of the Missouri Human Rights Act (MHRA). The Court issued a...more

Virginia Supreme Court Revisits Meaning of "Criminal Negligence" and "Gross Negligence"

by Sands Anderson PC on

Tina Marie Bryant took a gun from Maryland and drove to Harrisonburg intending to kill herself there. The Rockingham County Sheriff’s Department went to the hotel where Ms. Bryant was staying and, from outside her locked...more

Third Circuit Issues Long-Awaited Ruling in OPA Liability Case

by Liskow & Lewis on

On March 29, 2018, the United States Court of Appeals for the Third Circuit issued its ruling in In re: Petition of Frescati Shipping Co., Ltd., as Owner of the M/T ATHOS I, Nos. 16-3552, 16-3867 & 16-3868 (3d Cir. Mar. 29,...more

Divided New York Court Of Appeals Holds That A Third Party Cannot Sue For Breach Of Contract Absent Express Language Naming Them...

by Pepper Hamilton LLP on

Dormitory Auth. of the State of NY v. Samson Constr. Co., 2018 N.Y. Lexis 218 (February 15, 2018) - The Dormitory Authority of the State of New York (“DASNY”) undertook, as project manager, to construct a facility for the...more

Settlement of Claims

by Reed Smith on

The Court of Appeal case Khanty-Mansiysk Recoveries Limited v Forsters LLP [2018] EWCA Civ 89 considers the ambit of settlement agreement wording and the extent to which this can cover future claims. Background facts...more

Strict Liability for Lack of Informed Consent in Clinical Trials

by Pepper Hamilton LLP on

Forty-five years ago, a scandalous medical experiment in Alabama caused the United States to reexamine the concept of informed consent. While that scrutiny continues today, a recent case from Alabama, Looney v. Moore,...more

IVC - Inconsistent Verdict Created

by Reed Smith on

We don’t normally comment on verdicts, whether they favor our side or the plaintiffs, because the bare fact of a verdict doesn’t give us much to analyze, and analysis is what this blog is about. But we make an exception for...more

Banking Disputes Quarterly Q1 2018

by DLA Piper on

Introduction - The recent New Delhi High Court decision in Bharat Heavy Electricals Limited v Electricity Generation Incorporation & Others [2017] upheld an English law jurisdiction clause contained in a bank guarantee....more

Rafferty v. Merck Expands Potential Liability for Drug Manufacturers in Massachusetts

by Wilson Elser on

On March 16, 2018, Massachusetts’s highest court , the Supreme Judicial Court, issued a ruling that we believe will increase the product liability risk exposure for pharmaceutical manufacturers in the state. In the case of...more

Accountancy Forum Newsletter - March 2018

by Reed Smith on

In this edition, we look at the new corporate criminal offences for failure to prevent the facilitation of tax evasion, recent court decisions and hot topics in the industry, such as the inquiry into the Paradise Papers....more

Florida Court of Appeals Clarifies How the Statute Governing Indemnification Provisions in Construction Contracts Applies

by White and Williams LLP on

In Blok Builders, LLC v. Katryniok, 2018 Fla. App. LEXIS 1312, the Court of Appeals of Florida for the Fourth District considered whether Florida Statute § 725.06 applied to a contract for the excavation of various...more

An Indemnity Agreement Means What it Says

by Gray Reed & McGraw on

We are reminded in Claybar v. Samson Exploration that a court will (if it’s doing its job) enforce an agreement according to what it actually says, not by that which one party or the other would have liked it to say or...more

Arizona Supreme Court Accepts Review of Police Dog Bite Case

A driver approaching from the opposite lane nearly hit a Pima County Sheriffs’ deputy head on. The deputy activated his emergency lights and pursued the driver. ...more

Third Circuit Issues Precedential Ruling on Express Preemption for Hybrid Medical Devices

by Cozen O'Connor on

The Third Circuit has become the first U.S. Court of Appeals to address the application of the express preemption provision in the Medical Device Amendments of 1976 to hybrid medical devices. Hybrid medical devices are...more

Massachusetts Supreme Judicial Court Recognizes ‘Innovator Liability’

On March 16, 2018, in a matter of first impression in Massachusetts, the Supreme Judicial Court (“SJC”) joined a minority of states in recognizing a tort theory of “Innovator Liability” – namely, that brand-name drug...more

Appellate Court Notes

by Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: Husband and wife defendants were related to the husband and wife plaintiffs. The defendants were convinced the plaintiff husband (a state trooper) was abusing his wife, despite her...more

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