News & Analysis as of

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

Marshall Dennehey

Reckless Disregard to Medical Needs: Calling Paramedics Is Not Enough

Marshall Dennehey on

Heeter v. Bowers, 99 F.4th 900 (6th Cir. Apr. 29, 2024) - The Sixth Circuit considered appellate jurisdiction when there is a question of fact, the extent that a self-serving affidavit can be used in cases with body camera...more

Cozen O'Connor

Maryland AG Seeks to Hold M/V DALI Owners and Managers Responsible for Destruction of Key Bridge

Cozen O'Connor on

Maryland AG Anthony Brown sued Grace Ocean Private Limited and Synergy Marine Pte Ltd., the owners and operators of the container ship M/V DALI, alleging that their reckless and grossly negligent conduct caused the DALI’s...more

Kohrman Jackson & Krantz LLP

Greek Leadership Positions May Be Risky Business for College Students

While college should be the best four years for any student, those dreams can be crushed when unintended tragedy hits a college campus. Activities often thought of as “fun” can turn on a dime when students drink too much and...more

Searcy Denney Scarola Barnhart & Shipley

Boating Under the Influence: Statistics, Examples and Tips

Florida leads the nation in the number of recreational boats, with over 1 million registered in 2022 according to a report of the Florida Fish and Wildlife Conservation Commission (“FWC”). And, according to the U.S. Coast...more

Maison Law

Who can file a Wrongful Death Claim in California?

Maison Law on

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.

Marshall Dennehey on

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

Robinson+Cole Data Privacy + Security Insider

Criminal Charges Filed Against Drone Operator in California

Last week, a federal complaint was filed against Andrew Hernandez in federal District Court in California charging him with the unsafe operation of an unmanned aircraft (or drone). The allegations against Hernandez include...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Federal Judge Says Privacy Act Damages Are Discretionary, Vacates $228M Award

A federal judge in the Northern District of Illinois vacated a $228 million damages award issued following the first-ever jury verdict in an Illinois Biometric Information Privacy Act (Privacy Act or BIPA) class action and...more

A&O Shearman

UK Upper Tribunal overrules FCA finding that Julius Baer employees lacked integrity

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The UK Upper Tribunal (Tribunal) has overruled Financial Conduct Authority (FCA) decisions that three former employees of Julius Baer International Limited (JBI) lacked integrity and should be prohibited. The Tribunal’s...more

Goldberg Segalla

Judgment Against Joint Compound Defendant Upheld on Appeal

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Court of Appeals of Oregon, October 5, 2022 - Plaintiffs Donald Miller and Linda Miller filed a lawsuit to recover damages for injuries Donald allegedly sustained as a result of exposure to asbestos-containing products...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - June 2022

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This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Our lawyers are at the forefront of this area of the law, shaping how it is handled in...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

Husch Blackwell LLP

Can You Waive Liability for Reckless Conduct? Iowa Supreme Court Finally Says No.

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Earlier this year, litigants tested the limits of liability waivers under Iowa law. In a 6-1 decision, the Iowa Supreme Court joined the bulk of other jurisdictions and held a contractual liability waiver was not enforceable...more

Cranfill Sumner LLP

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

Cranfill Sumner LLP on

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

Bricker Graydon LLP

Ohio appellate court awards consequential damages for contractor’s failure to achieve substantial completion due to recklessness

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When a contractor indicated indifference to executing a project on schedule and failing to meet the substantial completion date, an Ohio appellate court found that the contractor’s actions constituted recklessness and, based...more

Pillsbury Winthrop Shaw Pittman LLP

The Need to Be Deliberate about Fraud Carve-Outs

Express Scripts: Delaware Supreme Court holds that an otherwise undefined “deliberate fraud” carve-out to an indemnification provision is limited to intentional fraud and does not include recklessness. Specific provisions...more

Husch Blackwell LLP

Missouri Senate Advances COVID-19 Liability Protection Bill - UPDATED February 2021

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Update: After three weeks of lobbying and negotiation, on February 23, 202, the Missouri Senate took a final vote on Senate Bill 51, the COVID-19 Liability Protection Bill. The Bill was adopted by the Senate by a vote of...more

Proskauer Rose LLP

Three Point Shot - January 2021

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. NJ Gaming...more

Goodwin

Securities Class Action Against Swiss-Based Company Dismissed On Forum Non Conveniens Grounds

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Securities Class Action Against Swiss-Based Company Dismissed On Forum Non Conveniens Grounds; Second Circuit Finds Strong Inference of “Conscious Recklessness” In Allegations And Reverses Dismissal of Securities Suit Against...more

Snell & Wilmer

Exceptions to the Enforceability of Limitation of Liability Clauses

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A common feature of some contracts, including construction and design contracts, is a limitation of liability clause that limits or "caps" the amount of potential damages a party faces in the event of a breach. Although...more

Conn Kavanaugh

Finally! Some Relief for Healthcare Providers Risking Their Lives to Respond to COVID-19

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Across the country, hospitals and healthcare providers are facing an unprecedented surge of patients with COVID-19 symptoms while continuing to care for patients with other medical conditions. Responding adequately to the...more

A&O Shearman

Eastern District Of New York Dismisses Putative Class Action Against Pharmaceutical Company For Failure To Adequately Allege...

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On August 6, 2019, Judge Edward R. Korman of the United States District Court for the Eastern District of New York dismissed a putative securities class action asserting claims against a pharmaceutical company and certain of...more

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