News & Analysis as of

Negligent Entrustment

Marshall Dennehey

Court Dismissed Several Counts Against Transportation “Broker” on Basis of Vicarious Liability, but Held that Issue of Negligent...

Marshall Dennehey on

Allen v. Foxway Transportation, Inc., 2024 WL 0478015, No. 4:21-cv-00156 (M.D. Pa. Dec. 7, 2023) - In a tragic, fatal collision between a tractor trailer and a passenger vehicle, which was disabled after striking a deer, the...more

Fox Rothschild LLP

Parsing the 2nd Crumbley Conviction

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Tonight, just before 8pm the jury came back with a finding that James Crumbley was guilty of involuntary manslaughter in connection with his 15 year old son’s shooting of 10 classmates and a teacher at his suburban Detroit...more

Amundsen Davis LLC

Beware! – Illinois Employers Can Be Liable For An Employee’s Negligence

Amundsen Davis LLC on

Courts in the United States are split on whether a company’s acknowledgment of vicarious liability for an employee’s negligence, bars a claim of direct negligence against the company. Based on appellate court decisions,...more

Haight Brown & Bonesteel LLP

Vehicle Owners and Employers Have Affirmative Duty to Ensure Their Drivers Are Licensed, California Court of Appeals Holds

On August 6, 2021, a California Court of Appeal held that an employer and a vehicle owner were liable under theories of negligent hiring and negligent entrustment, respectively, when each failed to conduct a reasonable...more

Hinshaw & Culbertson - Lawyers for the...

Plaintiff Cannot Maintain Legal Malpractice Action Absent Proof of Fraudulent Inducement to Settle

Jibreel Townsend v. Spear, Greenfield and Richman, P.C., Mark Greenfield, Rand Spear, Esq. Superior Court of Pennsylvania, No. 2950 EDA 2019 (8/13/20) - Brief Summary - A Pennsylvania court affirmed summary judgment in a...more

Payne & Fears

Withholding Claims Notes Results in Severe Sanctions

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In Garcia v. Awerbach, 136 Nev. Adv. Op. 27 (May 21, 2020), the Supreme Court of Nevada reinstated a severe discovery sanction against a defendant who withheld a critical insurance claims note. In doing so, the Supreme Court...more

McGuireWoods LLP

Connecticut Supreme Court Finds CUTPA Claim Trumps Federal Statutory Immunity

McGuireWoods LLP on

On March 14, the Connecticut Supreme Court issued its ruling in Donna Soto, et al. v. Bushmaster Firearms International, LLC, et al. (SC 19832), a lawsuit stemming from the Dec. 14, 2012, mass shooting at Sandy Hook...more

Jaburg Wilk

Auto Dealership Liability for Accidents Occurring During Test Drives: How to Protect Your Dealership

Jaburg Wilk on

Prospective car buyers are no different than the drivers we encounter daily on the road: some are skilled, some are not so skilled. Add to that the prospective buyer’s unfamiliarity with the vehicle they are test-driving,...more

Carlton Fields

Unlike Friendships, Policy Exclusions Are Not Severable In West Virginia

Carlton Fields on

A homeowners insurance policy often covers every member of a family, and many policies state that the insurance applies separately to each insured. The same policies usually exclude coverage for intentional acts. But what...more

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