News & Analysis as of

Negligence Civil Liability

Rivkin Radler LLP

Insurance Update - June 2024

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Most pandemic-related businesses interruption insurance claims failed because policyholders could not show a direct physical loss. But some California courts issued conflicting decisions. The California Supreme Court has now...more

Tyson & Mendes LLP

New Jersey Nightclub Cleared from College Teen’s Fatal Accident

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After over four and a half years of litigation, a New Jersey judge dismissed a claim against a nightclub after a Rutgers University student was fatally struck by a car, reasoning that, while the patron was visibly intoxicated...more

Marshall Dennehey

The Supreme Court of Pennsylvania Refused to Extend Civil Liability to Social Hosts Serving Alcoholic Beverages

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Klar v. Dairy Farmers of America, Inc., 2023 WL 5354105 (Pa. Super. 2023) -The plaintiff was injured in a motor vehicle accident when he was struck by an employee of the defendant’s employer, who swerved across the center...more

Pillsbury Winthrop Shaw Pittman LLP

An Updated Look at Civil Liability and Litigation Risks Associated with Climate Change

Climate change litigation has become a global phenomenon, as scientists, agencies, and the general public increasingly associate wildfires, droughts, flooding, hurricanes, heat waves and other events with changing climate. ...more

BCLP

Triple Point v PTT: UK Supreme Court also interprets a contractual cap on liability

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The UK Supreme Court recently handed down a highly anticipated judgment on the interpretation of clauses which pertain to liquidated damages and limitations on a contractor’s liability for damages. Most notably, the Supreme...more

Polsinelli

Missouri Protects Health Care Providers from Civil Actions Relating to COVID-19 Exposure

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On July 7, 2021, Missouri Governor Mike Parson signed SB 51 into law, which protects health care providers from being held liable in civil actions for COVID-19 exposure (the “Act”)....more

Foley & Lardner LLP

New Texas Law Shields Businesses From COVID-19 Liability

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On June 14, 2021, Texas Gov. Greg Abbott signed into law SB 6, a bill granting retroactive civil liability protections for large and small businesses, and a variety of health care providers and first responders subjected to...more

Littler

Arizona Joins Other States in Passing COVID-19 Liability Protection for Businesses

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Arizona Governor Doug Ducey recently signed Senate Bill 1377 after a push from Republican legislators to limit civil liability exposure for “Good Samaritans” who have worked to protect and provide for Arizonans during the...more

Jones Day

New Florida Law Limits Liability for Defendants Facing COVID-19 Lawsuits

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A new Florida law provides civil immunity from COVID-related lawsuits to defendants that complied in good faith with government health standards, and it imposes heightened pleading and proof requirements on plaintiffs. On...more

Butler Weihmuller Katz Craig LLP

Florida's New COVID-19 Liability Protection Legislation: What It Means And The Legal Effect Moving Forward

The COVID-19 pandemic has affected the state of Florida, and the country, in ways that were unimaginable one year ago. The pandemic has taken a catastrophic toll on individuals and has had a devastating effect on many...more

Littler

West Virginia Enacts COVID-19 Jobs Protection Act

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On March 19, 2021, Governor Jim Justice signed legislation enacting a coronavirus liability shield law.  Senate Bill 277, the COVID-19 Jobs Protection Act (“the Act”), is effective retroactively from January 1, 2020 and...more

Rumberger | Kirk

Florida Governor Signs COVID Liability Limitation Bill into Law

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On March 29, 2021, Florida Governor Ron DeSantis signed SB 72 into law, providing civil liability for business entities for COVID-19 related claims for damages, injury, or death in certain circumstances, and only after the...more

K&L Gates LLP

COVID-19: Shielding Businesses and Health Care Providers Acting in Good Faith, Florida Passes Protections for Civil Liability...

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As Florida employers continue to operate or start to reopen and employees return to the workplace, many businesses fear an avalanche of litigation from employees and customers related to COVID-19 infections. To remedy this...more

Williams Mullen

Lawsuit “Immunity” for Firearms Industry Members? What the Protection of Lawful Commerce in Arms Act Really Says

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Do gun manufacturers really have blanket immunity from lawsuits? No, not even close....more

Rumberger | Kirk

Legislative Update: COVID-19 General Liability Legislation Passes First Key Vote

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Florida House Bill 7 (HB 7), Civil Liability for Damages Relating to COVID-19, passed an important hurdle on Friday, March 5, 2021.  House Bill 7 (HB 7) and corresponding Senate Bill 72 (SB 72) limit exposure and liability...more

Rumberger | Kirk

COVID-19 General Liability Legislation Extension to Healthcare Providers

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Shortly after the introduction of the COVID-19 general liability bill, (HB 7 and SB 72) in an effort to protect businesses from frivolous lawsuits, Senate Judiciary Chairman Jeff Brandes of St. Petersburg introduced Senate...more

Jackson Lewis P.C.

South Carolina Senate Passes COVID-19 Liability Immunity Act

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The South Carolina state Senate has passed legislation that would provide immunity from COVID-19-related lawsuits for businesses that follow state and federal health guidelines. The measure now goes before the South...more

Burr & Forman

Alabama Enacts COVID-19 Liability Protections for Businesses and Healthcare Providers

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On February 12, 2021, Governor Ivey signed into law legislation that provides civil liability protections to Alabama businesses and healthcare providers related to COVID-19. The legislation provides broad immunity to ensure...more

Skadden, Arps, Slate, Meagher & Flom LLP

Liability Protections in Coronavirus Relief Legislation

Yesterday, Sen. John Cornyn, R-Texas, joined by Senate Majority Leader Mitch McConnell, R.-Ky., introduced the SAFE TO WORK Act, which would provide substantial and comprehensive liability protection from coronavirus-related...more

White and Williams LLP

It Has Started: Supply-Chain, Warehouse and Retail Workers of Essential Businesses Are Filing Suit

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Supply-chain businesses that are appropriately characterized as “essential” have remained open for the delivery of critical supplies while everyone else has been told to close up shop and stay home. Now essential-business...more

Michigan Auto Law

Insurance Agent Negligence and the New Michigan Auto Insurance Law

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Now is not the time to be placing new limits on insurance agent liability. Think of insurance agents as the foot soldiers for the new Michigan auto insurance law. Insurance agents are now – more than ever before – tasked...more

Payne & Fears

California Supreme Court Limits Liability for Payroll Service Providers

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On February 7, 2019, the California Supreme Court unanimously held in Goonewardene v. ADP, Inc., S238941 that a payroll service provider cannot be held liable for errors it makes in issuing paychecks to workers of companies...more

Butler Snow LLP

Sports Torts and Courts

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Who has not been injured in a recreational, athletic activity? Who has not accidentally injured someone else in the course of play? We all have … an errant softball throw, a shanked iron, a bouncing horseshoe. We enjoy the...more

Fisher Phillips

Should Employers Allow Concealed Weapon Permit Holders To Carry Guns At Work?

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As mass shootings have continued with regular frequency in the United States, our country remains deeply divided, not only with the cause of these tragic events, but also on how to stop them from occurring. Many have called...more

Fisher Phillips

Is There Automatic Civil Liability For A Data Breach?

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No! It is a common misconception among the general public that someone always has to pay when there is a data breach. It is understandable that individuals affected by a data breach will be upset, distraught, and even angry....more

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