News & Analysis as of

Negligence Appeals

California Court of Appeals Affirms Dismissal Under Anti-SLAPP Statute of Defamation Claim Against Online Platform Hosting...

by Ballard Spahr LLP on

A recent appellate ruling may have important implications for online publishers who invite, encourage, and even compensate third-party contributors to post information without prior approval or review....more

Privacy & Cybersecurity Update - November 2017

In this month's edition of our Privacy & Cybersecurity Update, we discuss a Washington state court decision allowing a data breach lawsuit to move forward on a negligence claim, a Ninth Circuit ruling regarding releasing...more

Assumption of Risk Continues To Be A Reliable Liability Shield For Participants In Recreational Activities

by Selman Breitman LLP on

California courts continue to apply the assumption of risk doctrine at the summary judgment level in decisions that preserve the rights of Californians to participate in recreational activities without the threat of adverse...more

Louisiana Supreme Court Holds Punitive Damages Are Available Under General Maritime Law Against Products Liability Defendant

by Liskow & Lewis on

A recreational boating accident occurred on navigable inland waters of Louisiana in May of 2005 resulting in the death of a 22-year old passenger. While the boat was on plane, the hydraulic steering system manufactured by...more

The Rise of Split Claims in Wrongful Death/Survival Cases

by Pessin Katz Law, P.A. on

Recently, in Spangler v. McQuitty, 449 Md. 33 (2016), the Maryland Court of Appeals examined the interplay between an injured person’s injury claim/survival action and the claims of beneficiaries under Maryland’s Wrongful...more

Ninth Circuit Allows Class Arbitration To Proceed Despite Absence Of Express Reference To Class Arbitration

by Carlton Fields on

Lamps Plus appealed an order permitting class arbitration of claims related to a data breach of personal identifying information of its employees, alleging negligence, breach of contract, invasion of privacy, and other...more

Defence & Indemnity - August 2017:IV. PRACTICE ISSUES: Biancaniello v. DMCT LLP, 2017 ONCA 386, per Feldman, J.A. [4235]

by Field Law on

IV. PRACTICE ISSUES - A. Litigation Releases can be wide enough to preclude future claims between the parties that were unknown and unanticipated when the Release was executed. Biancaniello v. DMCT LLP, 2017 ONCA 386,...more

Torts – Court Finds Plaintiff Assumed the Risk of Injury by Participating in Horseback Endurance Event

by Low, Ball & Lynch on

Kathleen S. Swigart v. Carl Bruno - Court of Appeal, Fourth Appellate District 8 Cal.App.5th, 529 (June 22, 2017) - The California Court of Appeals held that those who choose to engage in an inherently risky activity,...more

Insurance Coverage – Has a “Collapse” occurred?

by Low, Ball & Lynch on

Tustin Field Gas & Food, Inc. v. Mid-Century Insurance Co. - Court of Appeal, Second Appellate District (July 3, 2017) - Tustin Field Gas & Food, Inc. v. Mid-Century Insurance Co. (“Tustin”), was an insurance coverage...more

In Supreme Court Showdown, California Appeals Courts Choose Sides Regarding Whether Right to Repair Act is Exclusive Remedy for...

Earlier, we wrote about an appellate court split concerning the Right to Repair Act (Civil Code sections 895 et seq.) which applies to construction defects in newly constructed residential properties including single-family...more

Appellate Court Notes

by Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: - AC38945 - Shook v. Bartholomew - AC38945 - Shook v. Eastern Connecticut Health Network, Inc. Defendants could not appeal plaintiff’s verdict in this motor vehicle accident...more

Second Circuit Holds Pollution Exclusion Applicable to Sewage-Related Claims

In its recent decision in Cincinnati Inc. Co. v. Roy’s Plumbing, Inc., 2017 U.S. App. LEXIS 9729 (2d Cir. May 31, 2017), the United States Court of Appeals for the Second Circuit, applying New York law, had occasion to...more

Medical Negligence - The new legal test in Singapore to determine the standard of a doctor's duty in advising his patient - A...

by Dentons on

The Singapore Court of Appeal has in its recent judgment in the case of Hii Chii Kok v Ooi Peng Jin London Lucien and another [2017] SGCA 38 (Hii Chii Kok v London Lucien Ooi) delivered on 12 May 2017, decided that the Bolam...more

Federal Court of Appeal finds that Apotex did not fail to mitigate its damages in relation to Apo-Trazadone drug submission

by Smart & Biggar on

On April 6, 2017, the Federal Court of Appeal overturned the Federal Court’s finding that Apotex failed to mitigate the damage it incurred as the result of Health Canada’s misfeasance in public office and negligence in its...more

Torts – Recreational Use Immunity – Consideration Exception

by Low, Ball & Lynch on

The consideration exception to CA’s recreational use immunity statute is contingent upon payment of consideration, not its receipt by the party seeking immunity. Pacific Gas and Electric Company v. The Superior Court of...more

Contractor May Receive Indemnity Despite Alleged Active Negligence or Willful Misconduct

by Low, Ball & Lynch on

Oltmans Construction Co. v. Bayside Interiors, Inc. - Court of Appeal, First Appellate District, 10 Cal.App.5th 355 (March 30, 2017) - Civil Code § 2782.05 renders an indemnity provision in a contract void and...more

Employers Beware: Indiana Supreme Court Expands the Scope of the “Duty of Care” Owed to a Subcontractor’s Employees

by Fisher Phillips on

In light of a recent decision from the Indiana Supreme Court, Indiana employers—and construction companies in particular—should review their contracts and subcontracts to determine if they have unwittingly assumed a duty of...more

Louisiana Court Holds Employer Responsible for Failing to Protect Employee From Off-Duty Threat of Violence by Coworker

A Louisiana appellate court has ruled an employee may sue her employer for negligence for injuries sustained on the job when the injuries resulted from a dispute that began outside of work. The case is particularly...more

Court Finds Taxi Cab Company Vicariously Liable for Taxi Driver’s Negligence

by Low, Ball & Lynch on

Emanuele Secci v. United Independent Taxi Drivers, Inc. - Court of Appeal, Second Appellate District 8 Cal.App.5th 846 (February 15, 2017) - The California Court of Appeals reinstated a jury verdict of $335,000...more

Appeal Court Revives Class Action against the WSIB

by Dentons on

The Ontario Court of Appeal has revived a proposed class action brought by the appellant, Pietro Castrillo, on behalf of a class of injured workers whom he alleges have been wrongfully denied the full extent of benefits to...more

Minor Golf Cart Collision on Indiana Courses Considered “Ordinary Behavior” and an Inherent Risk in the Game of Golf

by Reminger Co., LPA on

The Indiana Court of Appeals recently found that a man’s negligence claim against a fellow golfer who struck the back of his golf cart cannot succeed because driving a golf cart is normal behavior, with its attendant risks,...more

California Expands Factors in the Vicarious Liability Control Test

by Selman Breitman LLP on

Although a company is generally not liable for the negligence of its independent contractors, companies required by the government to exert control over independent contractors may be held vicariously liable for the...more

Construction Defect – Application of the Right to Repair Statute to Material Suppliers

by Low, Ball & Lynch on

The Right to Repair Statute in California requires a homeowner show a breach of contract or negligence to succeed. Acqua Vista Homeowners Association v. MWI, Inc. - California Court of Appeals, Fourth Appellate...more

Is compliance with industry standards enough to establish due diligence? Alberta Court of Appeal set to consider this issue

by Dentons on

We recently wrote about the decision in R. v. Precision Drilling Canada Ltd., where the Appeal Judge set aside the trial verdicts and ordered a new trial in a workplace fatality case. The Crown sought leave to appeal that...more

Florida Appellate Court Rejects Jury’s Bad Faith Verdict

by Carlton Fields on

It feels like a black swan event: last month, in GEICO Gen. Ins. Co. v. Harvey, No. 4D15-2724 (Fla. Ct. App. Jan. 4, 2017), a Florida appellate panel unanimously overturned a jury verdict, on the ground that the plaintiff’s...more

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