News & Analysis as of

Negligence Tort

Latham & Watkins LLP

New Zealand Supreme Court Paves Way for Novel Climate Change Claim

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On appeal of a strike out decision, the Court gives the plaintiff “his day in court” to argue that corporates owe a common law duty of care in tort to reduce greenhouse gas emissions. On 7 February 2024, the Supreme...more

Quarles & Brady LLP

Sweeping Changes to Florida Tort Laws Are Now in Effect

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On March 24, 2023, Florida Governor Ron DeSantis signed House Bill (HB) 837 into law, effecting sweeping reform of Florida’s tort laws. Some of the most notable changes are to Florida’s frameworks for negligence, insurance,...more

Stikeman Elliott LLP

Ontario Court of Appeal Removes Confusion: Negligent Security not an “Intrusion Upon Seclusion”

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The Ontario Court of Appeal recently ruled that an organization that fails to take adequate steps to safeguard personal information in its possession cannot be held liable under the tort of intrusion upon seclusion when that...more

Gray Reed

Louisiana Legacy Lawsuit Survives Motion to Dismiss

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Withrow v. Chevron is another Louisiana legacy lawsuit, this one claiming that defendants Chevron and Vernon E. Faulconer, Inc., and their predecessors, improperly disposed of toxic and hazardous oilfield wastes in unlined...more

Littler

Ontario, Canada: OCA Decides Union Member’s Tort Claim Against Third Party Must be Decided by Court Rather than Arbitrator

Littler on

In McCoy v. Choi, 2022 ONCA 403, the Court of Appeal for Ontario (OCA) dismissed an appeal of a motion judge’s order, which allowed a Canadian Football League (CFL) player’s action for damages against a physician for...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

Farrell Fritz, P.C.

Bow-wouch: A Word on Special Protections against Municipal Tort Liability

Farrell Fritz, P.C. on

When performing governmental functions, municipal agencies are immune from tort liability for negligence unless it is shown that there was a “special relationship” between the plaintiff and the agency at the time the claim...more

Gray Reed

Blame the Parents: Liability for Children’s Torts

Gray Reed on

Andy Taylor’s seven-year-old son, Opie, discovers the fireworks that his father had purchased for Independence Day. He begins shooting them in a field behind their house. But Opie fails to extinguish one of the matches, which...more

Hogan Lovells

"Too good to be true" – Hong Kong court finds bank not liable for fraudulent investment introduced by employee

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The court in Luk Wing Yan v. CMB Wing Lung Bank Ltd. [2021] HKCFI 279 found the defendant not liable for the actions of one of its employees who fraudulently offered investments which caused loss to the plaintiff. ...more

Rumberger | Kirk

Florida Supreme Court Limits Amount of Recovery in Mass Events

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In Barnett v. State Department of Financial Services, No. SC19-87, ––– So.3d ––––, 2020 WL 5667286 (Fla. Sept. 24, 2020), the Florida Supreme Court ruled that when multiple claims of injury are brought against the State (or...more

Butler Weihmuller Katz Craig LLP

If the Sprinkler Pipes Fit, You Must Acquit

What Constitutes a Product under the Economic Loss Rule - The Economic Loss Rule limits a defendant’s tort liability for defective products to injuries caused to persons or damage caused to property other  than the...more

Searcy Denney Scarola Barnhart & Shipley

The Number One Rule in Product Liability Claims

Product liability is based in “tort” law, along with legal claims like intentional torts, negligence, and strict liability. Torts are wrongful acts that cause injury to another person. Product liability claims can be based on...more

Searcy Denney Scarola Barnhart & Shipley

Negligence vs. Intentional Act: What is Covered in a Personal Injury Lawsuit?

Intentional acts and negligent acts that cause injury, along with what is called “strict liability,” all belong to a category of law called “tort” law. Put simply, torts are wrongful acts that cause injury to another...more

Littler

Georgia Law Shields Businesses from COVID-19 Liability

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Georgia recently became the ninth state to shield businesses from liability stemming from COVID-19.  Governor Brian Kemp signed the new law, the Georgia COVID-19 Pandemic Business Safety Act, on August 5, 2020, and the new...more

Rumberger | Kirk

Using Vicarious Liability to Defeat Employer Negligence Claims

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In lawsuits involving commercial trucking accidents, plaintiffs frequently sue the driver’s employer for vicarious liability (respondeat superior and/or dangerous instrumentality doctrine), as well as for negligent hiring,...more

McNees Wallace & Nurick LLC

Limited Tort and What It Means for You

April 22, 2020 Publications Auto accident involving two cars on a city street A “tort option” applies to you when you are injured by a vehicle in Pennsylvania. ...more

Seyfarth Shaw LLP

OSHA Updates on Distracted Driving in Employment and in the Workplace

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Seyfarth Synopsis: OSHA reminds employers of the hazards of distracted driving. OSHA has recently released a “Guidelines for Employers to Reduce Motor Vehicle Crashes.”  ...more

Cozen O'Connor

Limitations and Notice Requirements for Tort Claims Against Government Entities

Cozen O'Connor on

Alabama - Source of Government Immunity - - Claims against State: Ala. Const. art. I, §14. ..State is immune from tort actions. ..Bars (1) claims against the State, (2) claims against a State agency, (3)...more

Williams Mullen

The Erosion of Charitable Immunity for Virginia’s Colleges and Universities and What it Means for the Administrators and Trustees...

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Historically, Virginia courts have treated non-profit colleges and universities as charitable institutions which are insulated from liability for simple negligence. This rule (known as the doctrine of “charitable immunity”)...more

Bradley Arant Boult Cummings LLP

The Demise of the Economic Loss Rule in Construction Defect Litigation

The Massachusetts Supreme Court recently held in Wyman v. Ayer Properties, LLC, that the “economic loss rule is not applicable to the damage caused to the common areas of a condominium building as a result of the builder’s...more

Troutman Pepper

Gist of the Action Doctrine May Not Bar Tort Claims Arising from Negligent Performance of Contractual Duties

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On December 15, 2014, the Pennsylvania Supreme Court broke its long silence on the gist of the action doctrine when it issued its decision in Bruno v. Erie Insurance Co. The gist of the action doctrine precludes a plaintiff...more

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