News & Analysis as of

Negligence

Parker Poe Adams & Bernstein LLP

N.C. Appeals Court Rejects Worker's Claim of Liability Against Trump Campaign

In a highly publicized incident during the 2016 presidential election, a Trump campaign staff worker claimed that the North Carolina campaign director threatened him with a pistol on the way to a campaign event. The worker...more

MERITAS - Law Firms Worldwide

Meritas Guide: To Defective Products Litigation in EMEA - France

1. What claims may be brought for liability for defective products? Is liability based on fault/ negligence, or strict liability, or both? Liability claims for defective products may be brought on various different...more

Bradley Arant Boult Cummings LLP

Florida Courts Consider Control, Not Contractual Privity, for Negligence Claims Against Design Professionals - Construction and...

Though many states require a contractor to hold a contract directly with a design professional to pursue a claim against a designer for design omissions or defects, a recent case confirms that, in Florida, contractual privity...more

Traub Lieberman Straus & Shrewsberry LLP

Indiana Court of Appeals Holds Insurer Has No Subrogation Rights Based on Lease Agreement

In its decision in Youell v. Cincinnati Ins. Co. 2018 WL 6816772 (Ind. Ct. App. Dec. 28, 2018), the Indiana Court of Appeals ruled on the issue of whether a Landlord’s insurer has the right via subrogation to seek recoupment...more

Wendel, Rosen, Black & Dean LLP

General Release of Contractor Upheld Despite Knowledge of Construction Defects

Ah, the elusive Lepus Cornutus, commonly known as the Jackalope. Rarely seen, we may have one in SI 59 LLC v. Variel Warner Ventures, LLC, Court of Appeals for the Second District, Case No. B285086 (November 15, 2018), an...more

Dorsey & Whitney LLP

The Supreme Court and Securities Litigation: Emulex

by Dorsey & Whitney LLP on

The Supreme Court may reshape SEC Enforcement by the end of this Term. The Court has already heard argument in Lorenzo v. SEC, No. 17-1077where the critical issue is the scope of primary liability under Exchange Act section...more

MERITAS - Law Firms Worldwide

Meritas Guide: To Defective Products Litigation in EMEA - Finland

What claims may be brought for liability for defective products? Is liability based on fault/ negligence, or strict liability, or both? Product liability can appear in various forms, and defective product claims can be...more

Robinson+Cole Data Privacy + Security Insider

Marriott Confirms Over 5 Million Passport Numbers Stolen in Data Breach

Marriott International Inc. has released new numbers relating to its Starwood Hotel’s reservation database by stating that 5 million passport numbers were stolen in the database....more

The Brown Firm

Georgia Motor Vehicle Accident Statistics (Infographic)

by The Brown Firm on

Motor vehicle accidents are quite common in the state of Georgia. Thousands of Georgians have been hurt or killed in auto accidents, often leaving them with life-changing injuries and costly medical bills....more

Reminger Co., LPA

Indiana Upholds Defense Based on a Sudden Medical Emergency

by Reminger Co., LPA on

The Indiana Court of Appeals recently handed down a decision upholding an award of summary judgment to the estate of a deceased driver who caused a motor vehicle accident following a sudden medical emergency. ...more

Ropes & Gray LLP

Pennsylvania High Court Decision Regarding Data Breach Increases Litigation Risk for Companies Storing Personal Data

by Ropes & Gray LLP on

On November 21, 2018, the Supreme Court of Pennsylvania ruled in Dittman v. UPMC d/b/a The University of Pittsburgh Medical Center that an employer owes a duty to employees to use reasonable care to safeguard what the court...more

Alston & Bird

Is the Standard Negligence or Intent? Supreme Court to Address Circuit Split on Section 14(e) Claims

by Alston & Bird on

On January 4, 2019, the Supreme Court of the United States granted certiorari and agreed to hear a challenge by Emulex Corporation to a 2018 Ninth Circuit ruling regarding the scope of liability under Section 14(e) of the...more

White and Williams LLP

In Massachusetts, the Statute of Repose Applies to Consumer Protection Claims Against Building Contractors

by White and Williams LLP on

In Bridgwood v. A.J. Wood Construction, Inc., 105 N.E.3d 224 (Mass. 2018), the Supreme Court of Massachusetts determined that the statute of repose barred the plaintiff’s consumer protection claims commenced more than six...more

Howard Ankin

These Simple Measures Could Prevent Over 60,000 Truck Accidents Per Year

by Howard Ankin on

Installing advanced safety technologies in large commercial trucks can prevent about 63,000 truck-related crashes every year. In 2015, there were more than 400,000 trucking accidents that killed 4,067 people and injured...more

Howard Ankin

When Uber Drivers Are Distracted

by Howard Ankin on

When Uber safety drivers are distracted, the results can be deadly. While in test-mode, an Uber self-driving vehicle crashed into a pedestrian causing fatal injuries. The crash was caused by a distracted safety driver behind...more

Fox Rothschild LLP

Appellate Courts Have Discretion To Set Scope Of New Trial On Remand—At Least Sometimes

by Fox Rothschild LLP on

Rule 59 is a powerful tool. A trial court has discretion to determine whether any one of the nine grounds in Rule 59(a) applies. The trial court then has discretion to select a remedy—a new trial in whole or in part....more

Downs Rachlin Martin PLLC

Should I Sue for Personal Injury? Common Questions, Part 2 - What Will It Cost?

by Downs Rachlin Martin PLLC on

In the 35 years I have been practicing personal injury law in Vermont, the questions I hear most frequently are: Is my injury case worth pursuing?...more

Womble Bond Dickinson

Lawsuit Alert: New State Law Affirmative Duty to Safeguard Personal Data

by Womble Bond Dickinson on

Now a business that was hacked may be successfully sued under state common law by data subjects whose information was compromised in the crime. For the first time, a state supreme court has held that a company that was...more

Thompson Coburn LLP

Pennsylvania Supreme Court provides new route for data security breach plaintiffs

by Thompson Coburn LLP on

Data security breaches have become ubiquitous. However, in spite of the large number of well-publicized incidents, plaintiffs generally have had limited achievement in bringing private actions against companies suffering the...more

Ward and Smith, P.A.

The Importance of Identifying All Applicable Insurance in NC Car Accident Cases

by Ward and Smith, P.A. on

Unfortunately, the number of serious car wrecks in North Carolina continues to increase. In 2016, for instance, 130,137 people were injured on North Carolina roadways, a 5.3% increase from 2015. Sadly, 1,441 people lost...more

MERITAS - Law Firms Worldwide

Meritas Guide: To Defective Products Litigation in EMEA - Ethiopia

1. What claims may be brought for liability for defective products? Is liability based on fault/ negligence, or strict liability, or both? Under Ethiopian law product defect liability arises from either contractual or...more

Field Law

Defence + Indemnity: December 2018 - Insurance Issues - Case Summary: Aviva v Wawanesa

by Field Law on

INSURANCE ISSUES - An Ontario Court sets out the factors for determining who the “lessee” of a rented/leased vehicle is for the purposes of determining the priority of insurers providing coverage. Aviva v Wawanesa, 2018...more

Burr & Forman

Tennessee Supreme Court Announces New Approach to Exculpatory Contracts

by Burr & Forman on

Last week, the Tennessee Supreme Court revised the factors for determining the enforceability of releases signed before participation in an activity or obtaining a service. These releases, often called exculpatory agreements,...more

MERITAS - Law Firms Worldwide

Meritas Guide: To Defective Products Litigation in EMEA - England

1. What claims may be brought for liability for defective products? Is liability based on fault/ negligence, or strict liability, or both? Defective product claims may be brought in contract, the tort of negligence and/...more

Bennett Jones LLP

Court of Appeal Affirms Decision to Dismiss the Rana Plaza Class Action

by Bennett Jones LLP on

On December 20, 2018, the Ontario Court of Appeal released its decision in the Rana Plaza Class Action (Das v George Weston Limited, 2018 ONCA 1053) affirming the Ontario Superior Court of Justice’s decision to dismiss the...more

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Updates to This Policy

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