News & Analysis as of

Negligence Liability

Searcy Denney Scarola Barnhart & Shipley

Rear-End Collisions: Why They’re Often Much Worse Than They Look

When people see a car flipped over in an accident, they often react with a shudder and assume it’s pretty serious. Similarly, if you consider what happens when two cars hit head-on, you might assume it would result in a...more

Loeb & Loeb LLP

Walters v. OpenAI, L.L.C.

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Georgia state court grants summary judgment dismissing defamation claim targeting ChatGPT output accusing radio host of embezzlement, in light of disclaimers notifying users that ChatGPT sometimes generates inaccurate...more

Marshall Dennehey

Delaware Court Denies Motion to Dismiss, Allows Negligence Suit Against Railroad Company Over Commuter Train Incident

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Fontana v. CSX Transportation, Inc, 2025 WL 326209, No. K24C-04-018 (JCC) (Del. Super. Ct. Jan. 28, 2025) - The Delaware Superior Court permitted an action against a railroad company to go forward, denying a motion to dismiss...more

Searcy Denney Scarola Barnhart & Shipley

3 Key Issues for Florida Car Accident Victims: “No Fault” Insurance, Bad-Faith Insurance Practices and Partial Fault

When you get injured in a car accident, your legal rights are determined by Florida law. Due to some unique aspects of Florida law, understanding your legal rights is often easier said than done. With that said, understanding...more

Marshall Dennehey

Appellate Court Rejects Negligence Claim in Bus Injury Case, Finds Normal Travel Conditions

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McClain v. MTA Bus Co., 222 N.Y.S.3d 142 (2d Dept Nov. 27, 2024) - The appellate division addressed a common issue in transportation actions, a plaintiff alleges they were caused to fall or be injured as a result of actions...more

Marshall Dennehey

Federal Court Dismisses Negligence Claim Against USPS Due to Late Filing and Lack of Evidence

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Allen v. United States, 2025 WL 35468, No. 24-99-KSM (E.D. Pa. Jan. 3, 2025) - A federal court dismissed a negligence claim against the United States Postal Service (USPS) after the plaintiff failed to timely oppose the...more

Husch Blackwell LLP

Hawaii Court Hands Down Hefty Verdict Against Tobacco Company Defendant in Throat Cancer Trial

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In a recent case pending in Hawaii state court, a husband and wife sued a tobacco company defendant for various claims related to its manufacturing and marketing of tobacco cigarettes, including strict products liability,...more

Marshall Dennehey

New Jersey Supreme Court Rules Out-of-State Alleged Tortfeasor Cannot Be Allocated Fault Under Comparative Negligence Act

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Estate of Crystal Walcott Spill v. Jacob E. Markovitz, M.D., 2025 WL 758318 - In this appeal before the New Jersey Supreme Court, the court held that an out-of-state alleged tortfeasor was not a party subject to allocation of...more

Downs Rachlin Martin PLLC

Falls are the leading cause of traumatic brain injury

Falls account for two-thirds of TBIs in adults over 65.  Preventing falls is therefore key to mitigating the risk of TBI. Falls can happen to anyone and can lead to tragic consequences, even where there is no visible injury....more

Vinson & Elkins LLP

URS v BDW – Supreme Court Hands Down Highly Anticipated Judgment

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Last week the UK Supreme Court handed down its highly anticipated decision in URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21. The judgment provided helpful clarification on the recoverability of remediation costs...more

Weber Gallagher Simpson Stapleton Fires &...

Good News (Finally): Tort Reform Efforts Gaining Steam Across the U.S.

On April 22, 2025, Georgia Governor Brian Kemp signed the Georgia Tort Reform Act, which significantly alters the playing field in personal injury cases. As discussed below, Georgia joins a small but growing list of states...more

Maison Law

Special Considerations for California Accident Claims Involving Commercial Vehicles

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Although data doesn't exist for all commercial vehicle crashes, the Federal Motor Carrier Safety Administration's Crash Statistics database shows that some vehicles commonly used for commercial purposes, such as buses and...more

Goldberg Segalla

Appellate Court Affirms Summary Judgment Ruling in Favor of Appellees

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Court: Appellate Court of Maryland - A Maryland appellate court has affirmed a lower court’s decision that granted summary judgment to the defense in a toxic substance exposure case....more

Cozen O'Connor

Claims Notes: May 2025

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Tort Reform Law Guts Joint & Several Liability in Favor of Proportionate Liability, Not Deepest Pocket - South Carolina enacted a bipartisan tort reform that overhauls joint and several liability to place fault on the...more

Husch Blackwell LLP

Kansas Supreme Court Strikes Down Liability Claims in Recent Gun Case

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The Kansas Supreme Court recently delivered another strong endorsement of the Protection of Lawful Commerce in Arms Act (PLCAA), further solidifying its role as a shield for lawful commerce in the firearms industry. In...more

Tyson & Mendes LLP

Cracking the Code: Demystifying the Legal Lingo in Insurance Defense

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Picture yourself standing in the middle of a bustling market surrounded by signs and conversations you can’t seem to decipher. If you’ve ever been a foreign country and don’t speak the language, you understand what it’s like...more

Polsinelli

Landmark Texas Supreme Court Case Finds No “Direct Liability” for Franchisor Arising Out of Franchisee Employee’s Actions

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On May 2, 2025, the Texas Supreme Court reversed a Texas Court of Appeals’ decision that had affirmed a jury’s verdict finding a franchisor directly liable to the customer of a franchisee for actions undertaken by the...more

Goldberg Segalla

Washington Court Awards $16M Plaintiff Verdict after Default Judgment

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Court: Washington Superior Court, Pierce County - A Washington state court in April awarded $16 million to the estate of decedent Steven Korzerke after a default judgment was entered against defendant Asbestos Corp. LTD, a...more

Bennett Jones LLP

A Product Cannot Damage Itself: Ontario Court of Appeal Sets Aside Certification of Motor Vehicle Engine Class Action

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Damage to a product resulting from a defect within the product constitutes presumptively unrecoverable pure economic loss. That is the conclusion of the Ontario Court of Appeal in North v. Bayerische Motoren Werke AG, 2025...more

Searcy Denney Scarola Barnhart & Shipley

Big-Rig Black Boxes: They Hold the Truth After a Crash – Be Sure to Get It

Truck crash scenes reveal only part of the full story through their debris. Hidden deep within the cab of that 18-wheeler may be a crucial piece of evidence: The electronic control module (ECM), which serves as the truck’s...more

Maison Law

The Role of Expert Witnesses in Car Accident Litigation

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Auto accidents can upend the lives of motorists and their families in the blink of an eye, often through the carelessness and negligence of others. Seeking legal restitution is an important step in putting the pieces back...more

Goldberg Segalla

$18 Million Verdict Awarded in Asbestosis Case Following Trial against Manufacturer

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Jurisdiction: Broward County Circuit Court - A Florida jury on April 23 handed down an $18 million verdict in aperitoneal mesothelioma case brought by the law firm of Maune Raichle Hartley French & Mudd, LLC....more

JUSTICENTER

What Happens If I Get Hurt at Sherman Oaks Castle Park?

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Sherman Oaks Castle Park is a popular spot in Encino for mini golf, arcade games, and batting cages. While it’s a family-friendly destination, accidents can and do happen. After an injury, victims may not understand all of...more

Searcy Denney Scarola Barnhart & Shipley

Not Just a Joyride: How Florida Law Treats Golf Carts Like Motor Vehicles

Golf carts in Florida serve multiple purposes beyond the traditional golf course as they navigate between gated communities and sunny landscapes. These vehicles serve as the primary transportation option throughout numerous...more

JUSTICENTER

What Are the Most Common Personal Injury Claims?

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When you get hurt because of another person’s carelessness, you might be able to file what’s called a “personal injury claim.” While your injuries can be mild or very serious, you must prove that they have affected your...more

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