News & Analysis as of

Negligence

Miller Nash LLP

Not a Very Exclusive Remedy: Public Bodies Now Subject to Expanding Liability as Court Decision Erodes Immunity Related to...

Miller Nash LLP on

In a notable shift with significant potential future liability for public entities, the Oregon Supreme Court found that an injured worker whose injury is covered by his private employer’s workers’ compensation insurance may...more

Blank Rome LLP

The Limitation Act in the United States: A Deeper Look

Blank Rome LLP on

This article follows on a 2021 MAINBRACE article, “The Gateway to Federal Court: Admiralty Jurisdiction and Limitation of Liability,” which discussed the practical use of the Shipowners’ Limitation of Liability Act, 46 U.S.C....more

Maison Law

Accidents on Government Property in California: Suing Cities, Counties, and the State

Maison Law on

In a normal scenario involving a personal injury, one of the first questions victims usually need to address before filing a claim is who owns the property. Suppose the accident happens on government property in the state of...more

Hissey, Mulderig & Friend, PLLC

FDA Updates Depo-Provera Warning Label to Include Risk of Meningioma Brain Tumors

The U.S. Food and Drug Administration (FDA) has updated the warning label for the Depo-Provera birth control shot to include information about the risk of meningioma brain tumors. The label update is intended to warn doctors...more

Vinson & Elkins LLP

Vinson & Elkins’ Law Firm Defense Annual Review of Texas Professional-Liability Opinions

Vinson & Elkins LLP on

The Texas attorney immunity doctrine is a defense that generally insulates attorneys from being sued by non-clients for legal work the attorney performed within the scope of representing a client....more

Amundsen Davis LLC

Independent Contractors in Wisconsin Can Create Additional Liability for Employers in the Form of Negligent Supervision Claims

Amundsen Davis LLC on

In Wisconsin, negligent supervision claims are only available when there is an employer-employee relationship. Independent contractor (“IC”) or agency relationships do not suffice and, crucially, the individual must be an...more

Mayer Brown

Civil Liability - The Supreme Court of the French Judicial System Establishes a General Duty of Environmental Vigilance

Mayer Brown on

The second half of 2025 was marked by the Cour de cassation’s recognition of a general duty of vigilance in environmental matters. More precisely, by two decisions published in its official report (Cass. civ. 1st, 24...more

Searcy Denney Scarola Barnhart & Shipley

Common Causes of Traumatic Brain Injuries in Tallahassee

The human brain can be injured in a number of ways. Some injuries are caused by internal factors, including infections, tumors, and strokes. When a brain injury is caused by an external physical force, it is considered a...more

Saiber LLC

The Saiber Construction Law Column: January 2026

Saiber LLC on

As discussed in a prior Saiber Construction Law Column, in New Jersey, the “economic-loss doctrine” bars tort claims when the plaintiff’s only damages are economic in nature because, when parties enter into a contractual...more

Carlton Fields

Florida Appeals Court Decisions Week of January 26 - 30, 2026

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - USA v. Rodgers - Fifth Amendment, right to silence - Hughes v. Locure - § 1983, qualified immunity - USA v. Ott - sentencing - Lewis v. Fulton Cnty Sheriff - blind inmate,...more

Whiteford

Client Alert: Virginia Supreme Court Clarifies Sovereign Immunity – Whiteford Secures Win in Ellis v. Jolley

Whiteford on

On December 11, 2025, Whiteford’s Appellate Practice Co-Chairs, Michael Brady and Thomas DiStanislao, secured a decisive victory from the Supreme Court of Virginia in a decision clarifying the scope of the sovereign immunity...more

Maison Law

Injuries in California Nursing Homes: Who is Liable?

Maison Law on

If you have a friend or loved one who lives in a nursing home, one of your biggest fears likely revolves around the idea that they could become the victim of nursing home abuse. This fear may seem irrational but it is not...more

Kilpatrick

Southern District of New York rejects addiction and consumer fraud claims against DraftKings

Kilpatrick on

Takeaway: There are more and more cases being filed today that advance cutting-edge legal theories: cases seeking to hold energy companies liable for climate change; cases alleging that social media platforms are addictive;...more

Freeman Mathis & Gary

Court orders reformation of settlement agreement where attorney should have notified opposing counsel of drafting error.

Freeman Mathis & Gary on

A recent Massachusetts Superior Court decision provides a cautionary tale for attorneys: you cannot take advantage of a drafting mistake by the opposing party. In Cahoon Capital Strategic Income Fund, LLC v. Ross, et...more

McGuireWoods LLP

High Court Ruling Could Block Expert Certification Rules in Federal Construction Suits

McGuireWoods LLP on

The Supreme Court’s decision on January 26, 2026, in Berk v. Choy should put to rest the long‑running debate over whether state-law certificate of merit requirements apply in federal court. Under the Court’s straightforward...more

Marshall Dennehey

Appellate Division Affirms Dismissal of Intentional Wrong Claim in Workplace Fall Injury Case

Marshall Dennehey on

Little v. VDM Metals USA, LLC & Acerinox Group, No. A-0561-24 (Nov. 25, 2025) - On April 20, 2020, the plaintiff was assisting in unloading steel from a “flatrack” trailer when he fell and suffered a head injury, despite...more

Baker Botts L.L.P.

First Court of Appeals Decision Broadly Applies Express Negligence Doctrine

Baker Botts L.L.P. on

Contracting parties operating in Texas are no doubt mindful of the express negligence rule: If the contracting parties intend to indemnify a party for the consequences of its own negligence, they must specifically and...more

Morris James LLP

Slip and Fall Accidents at Work: Understanding Workers’ Compensation and Third-Party Claims

Morris James LLP on

Slip and fall accidents remain one of the most common causes of workplace injuries, particularly during winter months when ice, snow, and wet conditions are present. While many people assume these incidents are handled...more

Kerr Russell

Wet Floor Warnings in Premises Liability Cases After Elimination of Open and Obvious

Kerr Russell on

In July of 2023, the Michigan Supreme Court decided the combined cases of Kandil-Elsayed v F&E Oil, Inc. and Pinsky v Kroger Co. In these rulings, the court announced that whether a condition is open and obvious will be a...more

Goldberg Segalla

New York Court Clarifies When Broker E&O Claims Accrue in Coverage-Disclaimer Cases

Goldberg Segalla on

One of the questions that must always be considered with regard to professional liability claims is when the claim accrues for purposes of applicable statutes of limitations. In insurance broker E&O claims involving policies...more

Goldberg Segalla

Court of Appeals of Kansas Reverses Trial Court’s Decision in FELA Asbestos Exposure Case

Goldberg Segalla on

Court: Court of Appeals of Kansas - In this action, it was alleged that Plaintiff-Decedent David Kemper had occupational exposure to asbestos due to his employment as a technician with BNSF Railway Company for nearly three...more

Morris James LLP

How Hard Is It to Win a Personal Injury Lawsuit?

Morris James LLP on

When you’ve been hurt because of someone else's carelessness, whether in a car crash, a fall on unsafe property, or another preventable accident, you may be wondering: Is it even worth pursuing a lawsuit? Really, how hard is...more

Morris James LLP

Car Accidents in Snowy Conditions: Legal Liability, Negligence, and States of Emergency

Morris James LLP on

Winter weather significantly increases the risk of motor vehicle accidents. Snow, ice, and reduced visibility contribute to thousands of crashes each year, raising complex legal questions about fault, negligence, and...more

Holland & Knight LLP

Podcast - Keeping Your Vessel Stable During Cross-Examination

Holland & Knight LLP on

In this episode of "The Trial Lawyer's Handbook" podcast, litigation attorney Dan Small delves deeper into the naval architect negligence case introduced in the previous episode. During the trial, the two experts disagreed,...more

Freeman Mathis & Gary

Court dismisses PFAS claims against waste transporter in Massachusetts contamination case

Freeman Mathis & Gary on

As PFAS litigation continues to broaden, a recent Massachusetts federal decision offers useful guidance for companies evaluating potential exposure. Per- and polyfluoroalkyl substances (PFAS) (or so called “forever...more

2,519 Results
 / 
View per page
Page: of 101

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide