News & Analysis as of

Negligence Causation

Holland & Knight LLP

Foreign-Flagged Vessels Beware

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Following the Francis Scott Key Bridge allision on March 26, 2024, two U.S. House of Representatives members introduced the Justice for Victims of Foreign Vessel Accidents Act (Bill), which would retroactively increase the...more

Marshall Dennehey

U.S. District Court for the Eastern District of Pennsylvania Held that Suicide Is Not a Legitimate Basis for Recovery in Wrongful...

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Sullivan v. Truist Bank, 2024 WL 422667 (E.D. Pa. Feb. 5, 2024) - The plaintiff-estate brought an action against the defendant-bank that raised negligence, vicarious liability, wrongful death and survival action claims. The...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 247: Listen and Learn -- Negligence: Factual Causation

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Welcome back to the Bar Exam Toolbox podcast! In today's episode, we're focusing on one of the most highly-tested topics on the bar exam: Negligence. In particular, we're talking about the different ways in which factual...more

Goldberg Segalla

Gasket Manufacturer’s Motions for Summary Judgment Granted, in part, Pursuant to Maritime Law

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Court - United States District Court for the Eastern District of Pennsylvania Plaintiff’s decedent, Joseph Pine, served as a fireman aboard the USS Constellation from 1965-1967. After he died from mesothelioma a month...more

Goldberg Segalla

Valve Manufacturer Denied Summary Judgment in NYCAL

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Court: Supreme Court of New York, New York County - In this asbestos action, defendant Crosby moved for summary judgment on duty to warn and causation grounds. Plaintiff Joseph Deroy opposed the motion....more

Law School Toolbox

Law School Toolbox Podcast Episode 382: Listen and Learn -- Negligence: Proximate Cause

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Welcome back to the Law School Toolbox podcast! Today, we're discussing Proximate Cause – a subtopic of Negligence in Tort Law. In this episode we discuss: >Reviewing the elements of negligence >The two hurdles a plaintiff...more

Maron Marvel

The Supreme Court of South Carolina Grants Certiorari in Jolly v. Gen. Elec. Co., Agreeing to Review Setoff Calculation and...

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On September 1, 2021, the South Carolina Court of Appeals affirmed the circuit court’s verdict and additur in favor of Plaintiffs in the matter of Beverly Dale Jolly and Brenda Rice Jolly v. Gen. Elec. Co., et al. Fisher...more

Shook, Hardy & Bacon L.L.P.

Guijarro v. Enterprise: The Fifth Circuit Analyzes Multiple Issues Pertinent to Product-Liability Cases

The Fifth Circuit’s recent decision in Guijarro v. Enterprise Holdings, Inc., No. 21-40512, 2022 WL 2433778 (5th Cir. July 5, 2022), provides solid foundational arguments on issues pertinent in most product-liability cases....more

Goldberg Segalla

Motions for Summary Judgment in Jones Act Matter Denied on Statute of Limitations and Causation Grounds

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United States District Court for the Southern District of New York, May 9, 2022 - In this asbestos action, decedent Carlo Badamo served on several vessels during his time as a merchant marine from 1944 to 1955....more

Nutter McClennen & Fish LLP

Product Liability 2021 Year in Review

Massachusetts federal and state courts issued several important product liability decisions in 2021. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows...more

Searcy Denney Scarola Barnhart & Shipley

How to Win a Florida Wrongful Death Case

Wrongful death is defined as a death caused by the wrongful act of another, either accidentally or intentionally. A wrongful death lawsuit is a civil claim filed by the personal representative of the deceased person’s estate....more

Robins Kaplan LLP

Robins Kaplan Justice Report Fall 2020 | VOL. 14 NO. 4

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Marquardt v. Schaffhausen, 941 N.W.2d 715 (Minn. 2020), for example, is a medical malpractice action where Patricia Marquardt suffered a brain injury when she developed an untreated infection after undergoing a knee...more

Searcy Denney Scarola Barnhart & Shipley

The Number One Rule in Product Liability Claims

Product liability is based in “tort” law, along with legal claims like intentional torts, negligence, and strict liability. Torts are wrongful acts that cause injury to another person. Product liability claims can be based on...more

Searcy Denney Scarola Barnhart & Shipley

The “Four D’s” of Medical Malpractice

“Medical malpractice” occurs when patients are harmed by doctors or some other medical professionals who fail to competently perform their medical duties. Medical malpractice rules, such as those related to notifying the...more

Gray Reed

Stay Shut Down or be Sued? The Risk to Businesses from COVID-19 Premises-Liability Claims

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After months of governmental orders that required all non-essential businesses to close their doors, many companies are eager (or even desperate) to re-open and begin generating revenue. But they are wary of potential...more

White & Case LLP

UK Supreme Court upholds first successful claim for breach of the "Quincecare" duty financial institutions owe their customers

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In Singularis Holdings Ltd (In Official Liquidation) v Daiwa Capital Markets Europe Ltd ([2019] UKSC 50), the Supreme Court upheld the first successful claim in negligence by a customer of a financial institution for breach...more

White and Williams LLP

Careless Smoking Causation Defense Goes Up in Smoke in Connecticut

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In Conn. Interlocal Risk Mgmt. Agency v. Jackson, 2019 Conn. LEXIS 230 (Sept. 1, 2019) (Conn. Interlocal), the Supreme Court of Connecticut considered a careless smoking case and whether, as a matter of first impression,...more

Husch Blackwell LLP

Missouri’s Recent Take On The Cumulative Expert Standard

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Recently, the Missouri Supreme Court in Shallow v. Follwell affirmed its permissive view of cumulative standard for experts. No. SC 96901 (Mo. Sept. 11, 2018). Put simply, a Missouri court will not exclude multiple experts...more

Harris Beach PLLC

Significant New York Drug and Device 2017 Product Liability Decisions

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To prepare the best product liability defense for pharmaceuticals and medical devices as well as anticipate and strategically plan for future challenges in the medical and life sciences legal world, it is often helpful to...more

Pillsbury Winthrop Shaw Pittman LLP

Extreme Weather Fuels Increasing Trend of New Climate Change Litigation

As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts, using the...more

Hogan Lovells

Novus actus interveniens

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Often the most difficult aspects of the Aquilian Action to understand are those of causation. Causation comprises various aspects and includes what is often seen purely as a defence in the form of novus actus interveniens. ...more

Bennett Jones LLP

Association Alone Does Not Equal Causation in Product Liability Cases

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Class Action Case Update: Justice Perell's recent decision in Wise v Abbott Laboratories, Limited, 2016 ONSC 7275 addressed a number of key areas of interest for the class action bar....more

Buchalter

Regulatory and Product Liability Overview for Distributors of Food Products in California

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Welcome to California! California is a great place to live and work, and we are fortunate to call it home. But there is no sugarcoating the fact that California presents unique and daunting challenges to product...more

Haight Brown & Bonesteel LLP

Statutory Violation Does Not Establish Causation in Wrongful Death Action

In Anthony Toste v. CalPortland Construction, et al. (No. B256946, filed 3/2/16), the California Court of Appeal for the Second Appellate District affirmed the power of the jury to determine causation as an issue of fact in a...more

Foley Hoag LLP

Product Liability Update - October 2015

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Massachusetts Federal Court Holds Proof of Testing of Proposed Alternative Design Not Required in Design Defect Claim, Evidence Plaintiff Ignored Defendant’s Warnings Did Not Establish He Was Sole Proximate Cause of Injury on...more

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