News & Analysis as of

Negligence Cause of Action Accrual

Freiberger Haber LLP

In Pari Delicto … What Does That Mean?

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In Seitz v. Marcum LLP, 2024 N.Y. Slip Op. 51141(U) (Sup. Ct., N.Y. County Aug. 30, 2024) (here), Justice Robert R. Reed of the New York County Commercial Division addressed the doctrine of in pari delicto, which “bars a...more

Pillsbury Winthrop Shaw Pittman LLP

Subsidence from Geothermal Operations: Navigating the Regulatory Landscape and Potential Claims

The subsidence risk in geothermal projects needs to be effectively managed by careful review of site conditions and legal and permitting precedents. Production of geothermal fluids can lead to subsidence of the land...more

Stikeman Elliott LLP

Palmer v. Teva Canada Ltd.: Court of Appeal Confirms No Compensation for Risk “In the Air”

Stikeman Elliott LLP on

In Palmer v. Teva Canada Limited, the Ontario Court of Appeal upheld the lower court’s decision to deny certification of a proposed product liability class action seeking damages for the alleged increased risk of being...more

Gray Reed

Retail Electricity Customers Denied Relief from Uri

Gray Reed on

In re Luminant Generation Company LLC et al is a bitter pill for the litigation hangover from Winter Storm Uri. Takeaway: Texas does not recognize a legal duty owed by wholesale power generators to retail customers to provide...more

White and Williams LLP

Beware: A Security Company’s Contract May Eliminate Your Causes of Action

White and Williams LLP on

xIn Jewels by Iroff, Inc. v. Securitas Tech. Corp., No. 1:23-CV-556-TWT, 2023 U.S. Dist. LEXIS 172391, a Georgia federal court addressed a suit against a security/alarm company arising from a break-in at a jewelry store where...more

White and Williams LLP

What a Difference a Day Makes: Mississippi’s Discovery Rule

White and Williams LLP on

The discovery rule applies to latent injuries, such that the statute of limitations does not begin to run until the plaintiff knows of or should have known of the injury. In Western World Ins. Group v. KC Welding, LLC, No....more

King & Spalding

Wyoming Supreme Court Rejects “Negligent Lending” and “Negligent Advising” as Causes of Action

King & Spalding on

On January 19, 2023, the Wyoming Supreme Court declined to recognize causes of action for negligent lending or negligent advising and declined to impose a duty on lenders to render sound advice to borrowers. The case stems...more

Snell & Wilmer

No Longer Foreseeable? Cal-Am’s Impact for the Construction Industry

Snell & Wilmer on

Clarifying its case law, Arizona’s Supreme Court further limited when foreseeability can establish a duty for tort liability in its recent Cal-Am opinion. Key for contractors and design professionals, while the decision could...more

Proskauer on Privacy

English High Court Clarifies Appropriate Causes of Action in Data Claim Where Defendant Was a Victim of Third-Party Cyber-Attack

Proskauer on Privacy on

In the recent and significant Warren v DSG Retail Ltd [2021] EWHC 2168 (QB) decision the High Court in England clarified the limited circumstances in which claims for breach of confidence, misuse of private information and...more

Proskauer - Minding Your Business

Tolling Statutes of Limitations in Products Liability Cases: Latent Injury or Unknown Cause?

Consider a hypothetical person named Jane, who bought a chair twenty years ago. The chair was designed to help relieve back pain, but it actually made it worse. Because Jane was trying many different remedies, she did not...more

Mintz - Privacy & Cybersecurity Viewpoints

The First Wave of CCPA Allegations Makes Its Way Into a New Data Breach Class Action Against Salesforce and Hanna Andersson

The companies Salesforce.com, Inc. and Hanna Andersson, LLC are on the receiving end of a novel lawsuit, which appears to be the very first data breach class action ever filed with alleged violations of the California...more

Winstead PC

Federal Court Holds That Texas Does Not Have An Independent Aiding And Abetting Claim For Breach Of Fiduciary Duty But Holds That...

Winstead PC on

In Taylor v. Rothstein Kass & Co., PLLC, a receiver for a failed business sued an accounting firm for various claims arising from the auditor’s issuance of a clean audit report concerning certain financial statements. No....more

Melito & Adolfsen

Understanding What Needs to be Proved to Show Medical Malpractice, Negligence, or Violation of The Public Health Law in a Nursing...

Melito & Adolfsen on

In a case against a nursing home alleging bodily injury or personal injury, it is common to allege three causes of action. The first is medical malpractice. The second is negligence. And the third is a violation of Article 28...more

Conn Kavanaugh

It’s Not Too Late in Massachusetts: Claims for Latent Personal Injuries Caused by Dangerous or Defective Products

Conn Kavanaugh on

A number of former NFL players recently filed an appeal in the Illinois Appellate Court challenging a lower court ruling that dismissed their claims against helmet manufacturer Riddell as untimely. The players alleged that...more

Bass, Berry & Sims PLC

Chris Lazarini Discusses Tolling Principles Under Statutes of Limitation and Repose

Bass, Berry & Sims attorney Chris Lazarini discussed a case in which the plaintiffs sued Edward Jones alleging violations of various securities laws related to their investment in an annuity, which they had thought was joint...more

White and Williams LLP

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

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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

Troutman Pepper

Strict Liability for Lack of Informed Consent in Clinical Trials

Troutman Pepper 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

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Substances/Bodily Injury Claim: New York Court Addresses Potential Liability of Engineering Inspection Subcontractor

The Supreme Court (Appellate Division) New York addressed in a March 7th decision whether a lower court properly granted summary judgment to a subcontractor performing engineering inspection services on a highway construction...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hydraulic Fracturing Services: New York Appellate Court Addresses Request to Dismiss Common-Law Indemnification Claim

The Supreme Court of the State of New York (Appellate Division)(“Court”) in a December 22, 2017, Memorandum and Order (“Order”) addressed whether a lower court erred in failing to dismiss a third-party claimant’s...more

Balch & Bingham LLP

Alabama Supreme Court Follows Line of Recent Federal Court Decisions Holding That Alabama Law Does Not Recognize a Cause Of Action...

Balch & Bingham LLP on

As Chief Judge Steele in the Southern District of Alabama recently put it, “a veritable avalanche” of recent federal cases has found that Alabama law does not recognize a cause of action for negligence or wantonness in the...more

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