News & Analysis as of

Retail Market Negligence

Gray Reed

Retail Electricity Customers Denied Relief from Uri

Gray Reed on

In re Luminant Generation Company LLC et al is a bitter pill for the litigation hangover from Winter Storm Uri. Takeaway: Texas does not recognize a legal duty owed by wholesale power generators to retail customers to provide...more

Segal McCambridge

Seventh Circuit Holds That Product Manufacturers Are Responsible for Their Product’s Packaging Under Illinois Law

Segal McCambridge on

You can’t judge a book by its cover, but you can hold the publisher liable for the packaging. In its recently issued opinion, Johnson v. Edward Orton, Jr. Ceramic Foundation, 71 F.4th 601 (7th Cir. 2023), the Seventh Circuit...more

Akerman LLP

Enter At Your Own Risk: State Legislation And Waivers To Protect Businesses Against Liability for the Transmission of COVID-19

Akerman LLP on

Introduction - As businesses operate amid the uncharted coronavirus (COVID-19) pandemic, they have started to face lawsuits brought by patrons claiming they contracted COVID-19 while on the business’s premises.  In fact,...more

Carlton Fields

A Case of Mass Listeria: Insurer’s Duty to Defend in New Jersey Contaminated Pizza Crusts Suit

Carlton Fields on

Last week, in Conte’s Pasta Co. v. Republic Franklin Insurance Co., a New Jersey federal court ruled that Republic Franklin Insurance Co. was obligated to indemnify Conte’s Pasta for the costs incurred defending against a...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l May 2020 #2

LEGISLATION, REGULATIONS & STANDARDS - FDA Releases Reopening Guidelines for Food Establishments - The U.S. Food and Drug Administration (FDA) has published a food-safety checklist for retail food establishments that...more

Carlton Fields

COVID-19 Class Actions by State

Carlton Fields on

I. Education - Rosenkrantz v. Arizona Board of Regents (D. Ariz. Mar. 27, 2020) – putative class action alleging the board failed to offer refunds for a portion of its room and board fees or other on-campus services after...more

Butler Weihmuller Katz Craig LLP

And You Are Not Done; The Future Of Products Liability Claims Against Amazon Still Uncertain

This past summer, the Third Circuit Court of Appeals issued a seminal opinion in Oberdorf v. Amazon.com, Inc., which held Amazon could be liable as a seller for products sold by third parties on its website. The issue however...more

Hogan Lovells

Supply chain liability under the law of negligence: What does Jabir and Others v KiK Textilien und Non-Food GmbH mean for European...

Hogan Lovells on

Last month a court in Dortmund heard arguments in Jabir and others v. KiK Textilien und Non-Food GmbH.  It is a case brought against a German retailer, under English law principles of tort in relation to a fire at the factory...more

Butler Weihmuller Katz Craig LLP

Trial Court Slips And Falls In Granting Motion For New Trial

On October 21, 2016, Florida’s Second DCA issued a decision in a slip-and-fall case against Wal-Mart that found the trial court erred when it set aside the jury verdict and granted Plaintiff’s motion for new trial on the...more

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