News & Analysis as of

Negligence › Recklessness

Goldberg Segalla

N.J. Supreme Court Rules No Coverage Available due to Intentional Wrong Exclusion in Policy

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On December 12, the New Jersey Supreme Court ruled that there was no coverage available to an employer for its employee’s workplace personal injury lawsuit under the employer’s workers’ compensation and employer’s liability...more

Maison Law

Who can file a Wrongful Death Claim in California?

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The California Wrongful Death statute creates a legal claim when someone dies at the hands of a negligent, reckless, or intentional tort or a dangerous or defective product. Such incidents include...more

Marshall Dennehey

Appellate Division Confirms That the Trial Judge Correctly Applied the Intentional-Wrong Exception to the Insurer’s Policy.

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Dionicio Rodriguez v. Shelbourne Spring, LLC, et al. and Sir Electric, LLC v. Hartford Underwriters Ins. Co., No. A-2079-22 (Dec. 22, 2023) - The Appellate Division affirmed the Law Division order granting Hartford...more

Conn Kavanaugh

Medication Errors Lead to a Criminal Conviction: What Nurses Should Know about the RaDonda Vaught Verdict

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The case has rocked the medical profession. On March 25, 2022, a Tennessee jury found a former Vanderbilt University Medical Center nurse guilty of criminally negligent homicide and negligent abuse of an impaired adult....more

Stikeman Elliott LLP

Ontario Divisional Court Overturns Certification of Intrusion Upon Seclusion Claim in Data Breach Class Action

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In Stewart v. Demme, the Ontario Divisional Court (the “Court”) overturned the certification of an intrusion upon seclusion claim in a data breach class action against a hospital, where a nurse used patient health records to...more

Cranfill Sumner LLP

Secure Your Boat or the Damages She Causes Could Be Your Fault!

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The tenets of good seamanship and common sense dictate that your boat should never be unintentionally adrift. Unfortunately, Murphy’s Law applies equally on land and at sea. Whether caused by a mechanical failure, a broken...more

Cranfill Sumner LLP

When Concerts Turn Catastrophic – A Legal View on the Astroworld Festival Tragedy

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Nearly 50,000 people attended the sold-out Astroworld Festival at NRG Park in Houston, Texas, on Nov. 5, 2021. Concertgoers, who paid more than $300 per ticket, eagerly anticipated the performance of Grammy-nominated rapper...more

Ward and Smith, P.A.

The Law Related to Boating Accidents in North Carolina

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North Carolina's mild climate and natural beauty make it a great place for outdoor recreation. Its coastline, rivers, and lakes make water-related activities particularly popular. North Carolinians and tourists alike...more

Orrick, Herrington & Sutcliffe LLP

5 Tips For Defending An Accounting Malpractice Claim

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To a professional accountant or tax adviser whose career is built on providing clients sound advice, the prospect of a client suffering a loss due to their faulty opinion ranks as the worst possible fear. If an accountant’s...more

WilmerHale

The Scope Of SEC Defendants' Jury Trial Right: Part 4

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This is the last of four articles examining the scope of the Seventh Amendment jury trial right as applied to the facts that set the maximum monetary penalty a judge may impose against a civil defendant in a U.S. Securities...more

Jackson Lewis P.C.

Construction Contractor Faces Manslaughter Charge in Worker’s Death

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A New York man and two construction companies he owns have been indicted on manslaughter and other charges in the death of an employee who plunged six stories to his death after allegedly being directed to perform work...more

Dorsey & Whitney LLP

Hong Kong Market Misconduct: The SFC’s Extra-Territorial Reach

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The Securities and Futures Commission of Hong Kong (the “SFC”) recently initiated proceedings for alleged market misconduct against U.S.-based Andrew Edward Left in connection with his research report (“Left’s report”)...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

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