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Negligence Proximate Cause

Kohrman Jackson & Krantz LLP

Ohio Supreme Court's Decision on Same-Juror Rule: What It Means for Negligence Lawsuits

On September 5, 2024, the Supreme Court of Ohio issued a ruling addressing the application of the same-juror rule in negligence cases in Hild v. Samaritan Health Partners, deciding whether the defendant-hospital was negligent...more

Tyson & Mendes LLP

Crash Course: Why Summary Judgment Misses the Mark in Illinois Multi-Cause Limousine Crash Collision

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In Johnson v. Illinois State Toll Highway Authority, a limousine ride to the airport turned catastrophic when an unlicensed, speeding driver named Aaron Nash (“Nash”) missed a lane shift through a construction zone and...more

Hinshaw & Culbertson - Lawyers for the...

Lack of Proximate Cause Dooms Plaintiff's Appeal of Adverse Summary Judgment

Flanigan v. Herman., 2024 Wash. App. LEXIS 44 (Wash. Ct. App. Jan. 11, 2024) - Brief Summary - The Washington Court of Appeals held that when the facts are undisputed, proximate cause is an issue of law to be decided by the...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

Hinshaw & Culbertson - Lawyers for the...

Illinois Supreme Court Holds Former Client Alleging Legal Malpractice May Recover Punitive Damages Awarded Against it in...

Midwest Sanitary Service, Inc., et al. v. Sandberg, Phoenix & Von Gontard, P.C. et al., 2022 IL 127327 (Sept. 22, 2022) Brief Summary - The Illinois Supreme Court held that defendants' former client can seek to recover...more

Melito & Adolfsen

The Johnny Depp and Amber Heard Case Show the Importance of Special Verdicts or Answers to Written Questions in Jury Verdicts

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The defamation cases brought by Johnny Depp and Amber Heard against each other, entertaining as they were to many Americans, involved complex issues of law as applied to the facts alleged by the parties. For the jury to reach...more

Goldberg Segalla

Caused, in Whole or In Part, By: Additional Insured Coverage in the Wake of Burlington v. NYCTA

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Obtaining additional insured coverage is one critical tool in the risk transfer toolbox. Owners and contractors on construction projects routinely ask “downstream” contractors and subcontractors to sign contracts wherein the...more

White and Williams LLP

Can You Prove It? New Jersey Court Holds That Plaintiff Alleging Negligent Destruction of Evidence Failed to Sufficiently Prove...

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In 27-35 Jackson Ave., LLC v. Samsung Fire & Marine Inc. Co., No. A-2925-19, 2021 N.J. Super LEXIS 120, the Superior Court of New Jersey, Appellate Division (Appellate Division) considered whether the lower court properly...more

Roetzel & Andress

Minding Your P’s And Q’s: How To Properly Assert And Maintain The Empty Chair Defense

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The “Empty Chair” defense, or so it has been called, is an affirmative defense under Ohio law that allows a defendant in a tort action to seek an allocation of fault to one or more parties that are not a party to the lawsuit...more

White and Williams LLP

No Trial Credit in NJ Appellate Decision for Non-Settling Successive Tortfeasors – Must Demonstrate Proof of Initial Tortfeasor...

Where an initial tortfeasor settles in a successive negligence case, the non-settling tortfeasors do not get a credit at trial, says the New Jersey Appellate Division. The court held in Glassman v. Friedel, that non-settling...more

Hinshaw & Culbertson - Health Care

Trial Court Erred in Refusing Non-Pattern Loss of Chance Instruction: Hinshaw's Annual Guide to Key Illinois Medical Malpractice...

Must a physician obtain informed consent to discharge? Is the long-form proximate cause instruction sufficient in "loss of chance" theory cases? Jill M. Bailey, Individually and as Independent Representative of the Estate...more

White and Williams LLP

Establishing Proximate Cause Where Both Roads Lead to the Defendant

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In Westfield Ins. Group v. Pure Renovations, LLC, 2019-Ohio-4773, 2019 Ohio App. LEXIS 4829, the Court of Appeals of Ohio considered whether the lower court properly granted the defendant’s summary judgment motion. In its...more

Carlton Fields

Georgia Federal Court Rules on Questions of Efficient Proximate Cause, Manifestation/Continuous Trigger and Pro Rata Allocation of...

Carlton Fields on

In ACE American Ins. Co. v. Exide Technologies, Inc. and The Wattles Co., No. 1:16-CV-1600-MHC (N.D. Ga. Sept. 20, 2017), the Federal District Court for the Northern District of Georgia applied a continuous trigger theory to...more

Butler Snow LLP

Pro Te: Solutio - Vol. 10 No. 2 – Spring 2017

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It’s Spring! In this issue of Pro Te, we do a little a “spring cleaning” to brush the dust off some familiar topics that we consider in day-to-day pharmaceutical litigation. In The Forgotten Element? Warnings Proximate...more

Carlton Fields

Poisoning the Well: Washington Supreme Court Applies Efficient Proximate Cause to Eviscerate Pollution Exclusion in Liability...

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Professionals and practitioners in first party property insurance are likely familiar with the efficient proximate cause rule, which requires an insurance policy to provide coverage where “a covered peril sets in motion a...more

Hinshaw & Culbertson LLP

PERS Company Prevails at Trial of Wrongful Death Suit

A recent case involving a PERS (Personal Emergency Response System) was decided in the Appellate Court of Connecticut, Theodore v. Lifeline Sys. Co., 173 Conn. App. 291, 2017 Conn. App. LEXIS 211 (Conn. App. Ct. May 23,...more

Perkins Coie

Absolute Pollution Exclusion—Not So Absolute

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Slapping insurers with breach of contract and bad faith, Washington state’s highest court recently found that a general liability policy’s so-called “absolute” pollution exclusion may not be so absolute. In Xia et al. v....more

MoFo Reenforcement

CFPB Wins MTD, But Loses on Scienter Standard for Aiding-and-Abetting Claims

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A federal judge has rejected the CFPB’s argument that the CFPA should incorporate a lower standard for “recklessness” than that to secondary liability under the Securities and Exchange Act of 1934 (“SEC Act”). On September 1,...more

Beveridge & Diamond PC

Oklahoma Supreme Court Finds Subject Matter Jurisdiction Over Earthquake Claims

Potentially opening the door for litigation that seeks to tie deep-well injection of hydraulic fracturing flowback and other wastewater to damage caused by earthquakes, the Oklahoma Supreme Court unanimously held that state...more

Pullman & Comley, LLC

Appellate Court Notes: Week of March 10

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SC19095 - Edgerton v. Clinton / SC19095 Dissent - Edgerton v. Clinton - Town appealed a $12 million jury verdict when a volunteer fire fighter was sideswiped and then took off after the offending vehicle. He relayed to...more

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