Popular, Negligence

In Pari Delicto … What Does That Mean?

Freiberger Haber LLP on 9/17/2024

In Seitz v. Marcum LLP, 2024 N.Y. Slip Op. 51141(U) (Sup. Ct., N.Y. County Aug. 30, 2024) (here), Justice Robert R. Reed of the New York County Commercial Division addressed the doctrine of in pari delicto, which “bars a...more

Certification Denied in Proposed Negligent Design Class Action Against Gun Manufacturer for Mass Shooting

Bennett Jones LLP on 8/28/2024

The Ontario Superior Court recently emphasized the need, in a negligent design claim, for evidence on the product from a qualified design expert, even in the context of a certification motion....more

Georgia’s Products Liability Statute of Repose: “First Sale” vs. “A Sale”

White and Williams LLP on 8/21/2024

In L’Oreal USA, Inc. v. Burroughs, 372 Ga. App. 30, 2024 Ga. App. LEXIS 250, the Court of Appeals of Georgia (Appellate Court) considered whether Georgia’s ten-year statute of repose for products liability precluded strict...more

London Hospitals Crippled by Major Cyberattack on Synnovis: Critical Services Disrupted

HaystackID on 6/11/2024

Major hospitals in London are grappling with severe disruptions following a cyberattack on Synnovis, a key pathology services provider. The attack has resulted in canceled surgeries and emergency patients being diverted to...more

Dechert Re:Torts - Key Developments in Product Liability and Mass Torts - Issue 11

Dechert LLP on 12/4/2023

Recent Nuclear Verdicts Highlight Danger of Punitive Damages - In October and November 2023, four separate products liability trials ended with large plaintiff verdicts. Three of these verdicts were against Monsanto in...more

Litigation Preparedness Following a Data Breach: Three Tips to Consider During the Incident Response Period

Davis Wright Tremaine LLP on 10/26/2023

Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day...more

New England Cybersecurity and Data Privacy Class Action Filings Soar in 2023

Pierce Atwood LLP on 9/8/2023

Earlier in 2023, we launched our New England and First Circuit Class Action Tracker, as a tool to analyze class action litigation trends in Massachusetts, Maine, New Hampshire, and Rhode Island. In July, we updated our...more

[Webinar] Artificial Intelligence Litigation Risks for the Medical Technology Industry - August 29th, 2:00 pm ET

Rothwell, Figg, Ernst & Manbeck, P.C. on 8/8/2023

Partners Jenny Colgate and Jennifer Maisel will present a webinar titled "Artificial Intelligence Litigation Risks for the Medical Technology Industry" for Medmarc, the leading expert in the products liability risks facing...more

Privacy & Cybersecurity - June 2023

Skadden, Arps, Slate, Meagher & Flom LLP on 7/6/2023

In our June Privacy & Cybersecurity Update, we review new data privacy laws in Colorado, Connecticut, Florida and Montana; Verizon’s annual Data Breach Investigations Report; AM Best’s report on cyber insurance trends; and...more

Wyoming Supreme Court Rejects “Negligent Lending” and “Negligent Advising” as Causes of Action

King & Spalding on 5/5/2023

On January 19, 2023, the Wyoming Supreme Court declined to recognize causes of action for negligent lending or negligent advising and declined to impose a duty on lenders to render sound advice to borrowers. The case stems...more

Florida Tort Reform Now Law: Effective Upon Governor's Signature

Rumberger | Kirk on 3/24/2023

Governor Ron DeSantis signed HB 837 into law this morning after the Florida Legislature passed sweeping tort reform intended to bring long-overdue balance and transparency to tort litigation....more

Title (Coverage) Not Available

Cadwalader, Wickersham & Taft LLP on 2/1/2023

Two recent decisions concerning title insurance illustrate that an insured’s negligence can result in an exclusion from coverage and that title insurers generally do not owe a fiduciary duty to their insureds....more

Medical and Life Sciences: Year in Review 2022

Harris Beach PLLC on 1/19/2023

From pharmaceuticals to toothpaste, preemption to public health, New York state and federal courts issued decisions in 2022 that further shaped the landscape in the medical and life sciences legal world. To prepare the best...more

Ten of the Largest Medical Malpractice Verdicts of 2022

Morris James LLP on 1/17/2023

2022 saw record-setting medical malpractice verdicts across the country. Juries have seen the pain and suffering caused by negligent healthcare providers, and are compensating innocent victims for both their financial and...more

Dechert Cyber Bits - Issue 21

Dechert LLP on 9/30/2022

US Federal Appellate Court Issues Opinion on Proof of Injury in Data Breach Cases - On September 2, 2022, the U.S. Court of Appeals for the Third Circuit reinstated a class action lawsuit that had previously been dismissed...more

Sheen v. Wells Fargo Bank, N.A.: The California Supreme Court Delivers a Big Win for Lenders and Loan Servicers

Buchalter on 3/9/2022

On March 7, 2022, the California Supreme Court issued its much-anticipated decision in Sheen v. Wells Fargo Bank, N.A., holding that a lender does not owe a borrower a tort duty of care in considering a loan-modification...more

Developments in Association Law 2020-2021

Pillsbury Winthrop Shaw Pittman LLP on 12/30/2021

A review of key legal developments for nonprofit organizations at the federal and state levels in 2020 and 2021. Antitrust Torrey v. Infectious Diseases Society of America, No. 17-190 (E.D. Tex. Sept. 1, 2021), No. 407 &...more

Questions About Tort and Contract Claims in the Cybersecurity Context Left Unsettled

Woods Rogers on 11/30/2021

Supreme Court of Virginia Declines Certified Questions from Federal Court in In re: Capital One Consumer Data Security Breach Litigation - The lawsuit In re: Capital One Consumer Data Security Breach Litigation, has already...more

Officers’ Responsibility for Ecological Disaster

Barnea Jaffa Lande & Co. on 11/23/2021

About seven years ago, one of the worst ecological disasters in Israel’s history occurred. During work to divert an oil pipeline, one of the old pipelines belonging to the government company Eilat Ashkelon Pipeline Co. Ltd....more

Pipeline Company Pays $35 Million to Settle Criminal and Civil Environmental Violations for Inland Spill of Oil Drilling Generated...

The Volkov Law Group on 8/25/2021

In a significant environmental crime enforcement action, the Justice Department resolved criminal charges under the Clean Water Act against Summit Midstream Partners LLC, a North Dakota pipeline company that discharged 29...more

Zoom Settlement Will Likely Mute Federal Class Action Lawsuit over Data Privacy

Bilzin Sumberg on 8/4/2021

After months of litigation, Zoom Video Communications has agreed to pay $85 million to settle a proposed class action pending in the United States District Court for the Northern District of California....more

No (Actual) Injury, No Problem: Second Circuit Recognizes An “Increased-Risk” Theory Of Standing For Plaintiffs In Data Breach...

Vinson & Elkins LLP on 5/27/2021

In McMorris v. Carlos Lopez & Associates, LLC, a data breach case, the Second Circuit held that plaintiffs may demonstrate standing based on a theory of “increased risk” of future identity theft or fraud following an...more

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