News & Analysis as of

Strict Liability

Mitchell, Williams, Selig, Gates & Woodyard,...

Lithium-Ion Battery/Common Law Action: Faulkner County, Arkansas Circuit Court Complaint Filed Alleging Personal Injuries Due to...

Andrew Riggs (“Plaintiff”) filed an April 24th Complaint in the Faulkner County, Arkansas Circuit Court alleging personal injuries when to what is described as a 21700 lithium-ion battery exploded. See 23CV-25-965....more

Searcy Denney Scarola Barnhart & Shipley

Does Strict Liability Apply When You’re Injured by Exposure to Toxic Chemicals?

It is becoming almost impossible to avoid being exposed to multiple different chemicals on a daily basis. Companies use them to make their environments look and smell cleaner, to keep pests away, and to save time in...more

Segal McCambridge

TortsCenter Podcast | Episode 10 | Law in the Arena: Exploring Equine Legal Matters with Kimbrell Hines

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In this episode of TortsCenter, hosts Carla Varriale-Barker and Courtney Dunn sit down with Segal McCambridge senior associate Kimbrell Hines to explore the unique and often misunderstood world of equine law. Kimbrell draws...more

Jones Day

Climate Change Suits Against Energy Companies Tossed by U.S. State Courts

Jones Day on

On January 23, 2025, in an opinion for City of Annapolis v. BP PLC, et al. and Anne Arundel County, Maryland v. BP PLC, et al., the Circuit Court of Anne Arundel County, Maryland, dismissed two cases brought by the City of...more

Clark Hill PLC

Colorado Court of Appeals Holds That the Felonious Killing Exception Applies to Corporations

Clark Hill PLC on

In Ross v. Public Service the Colorado Court of Appeals ruled on March 20 that the Felonious Killing Exception applies to corporations. What is the “Felonious Killing Exception?”...more

Goldberg Segalla

Jury Returns Verdict for American Honda in Asbestos Brakes Case

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Jurisdiction: Calif. Super., Los Angeles Co. - Plaintiff Jose Estrada filed suit alleging exposure to asbestos from a variety of products, including automobile parts during his employment at a tire store. Mr. Estrada was...more

Alston & Bird

Georgia’s Tort Reform Bill Could Dampen “Nuclear” Verdicts, but There’s Still a Long Way to Go

Alston & Bird on

Our Industrials & Manufacturing and Products Liability Groups discuss a bill introduced in Georgia that aims to rein in “nuclear” verdicts that juries award in tort cases in Georgia’s courts....more

Searcy Denney Scarola Barnhart & Shipley

How to File a Product Liability Claim for Defective Car Parts in Florida

When a defective car part causes an accident or injury, the consequences can be devastating. If you or a loved one have suffered due to a faulty automobile part(s), you may have the right to file a product liability claim to...more

Segal McCambridge

The Evolving Landscape of Federal Preemption in Failure to Warn Claims

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For over three decades, federal preemption of state failure to warn claims has served as a powerful defense in strict liability tort cases. Courts have consistently dismissed lawsuits challenging the adequacy of warnings for...more

Tyson & Mendes LLP

Barking Up the Wrong Policy

Tyson & Mendes LLP on

This case is an eye-opener for every policyholder as it explains the importance of treating an insurance policy as a specialized contract. Insurance contracts have special features, but they are still contracts to which the...more

Searcy Denney Scarola Barnhart & Shipley

How Fault Is Determined in Florida Auto Accident Cases

To seek full compensation for an auto accident in Florida, you need proof of fault. While personal injury protection (PIP) insurance provides “no fault” coverage, this coverage is limited, and it won’t nearly cover all of the...more

Venable LLP

Event in Review: Major Fraud and Abuse Laws: Anti-Kickback and Self-Referral Prohibitions and False Claims

Venable LLP on

Investment in the healthcare industry requires careful consideration, as it involves numerous distinct areas of the law. Venable's Private Equity Investment in Healthcare webinar series explores the unique issues and timely...more

Goldberg Segalla

Fed Court Determines Plaintiff’s Complaint Does Not Constitute a “Shotgun Pleading”

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U.S. District Court for the Eastern District of Louisiana - Plaintiff Mallory Ware was diagnosed with lung cancer in May 2020. He alleged his occupational exposure to asbestos and toxic welding fumes caused his illness....more

Maison Law

California Laws: Dog Bites and Dangerous Dogs

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If you are bitten by a dog in California, you may be entitled to compensation for medical bills and other damages resulting from the bite. The owner of the dog will face strict liability in a civil case, meaning that the...more

The Volkov Law Group

BIS Reaches $151,875 Settlement with Quantum Corporation Over Violations of the EAR’s Antiboycott Provisions

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On September 30, 2024, Quantum Corporation—a U.S.-based technology company— reached a settlement with the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) to resolve 45 separate violations of the...more

Latham & Watkins LLP

New Civil Monetary Penalty Regime for UK Trade Sanctions

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The Trade, Aircraft and Shipping Sanctions (Civil Enforcement) Regulations 2024 empower OTSI to enforce UK trade sanctions through civil monetary penalties, building on the role of OFSI, which has enforced UK financial...more

Hogan Lovells

UK makes trade sanctions violation a strict liability offence and amends the legal advisory services ban

Hogan Lovells on

Significant legislative changes have been made to the UK’s sanctions regime in the first half of September 2024, namely: These new amendments demonstrate the UK’s further efforts in imposing penalties against sanctions...more

Skadden, Arps, Slate, Meagher & Flom LLP

New ‘Failure To Prevent Fraud’ Offence Expected To Come Into Force in the UK Shortly

The UK government introduced a major overhaul of its framework for addressing financial crime — and brought into force numerous significant changes — when the Economic Crime and Corporate Transparency Act 2023 (the Act)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Inverse Condemnation/Nuisance: Benton Apartment Complex Owner Files Federal District Court Judicial Action Against...

Benton Housing Associates Limited Partnership (“Benton Housing”) filed on August 9th in the United States District Court for the District of Arkansas (Central Division) a Complaint against the following defendants: City...more

Moore & Van Allen PLLC

Implications of PFAS CERCLA liability for the commercial real estate industry

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What do you get when you combine a strict liability statute that could apply to every commercial property and a “forever chemical” that could exist almost everywhere? Designation of Perfluorooctanoic Acid (PFOA) and...more

Searcy Denney Scarola Barnhart & Shipley

Understanding Statutes of Limitations for Personal Injury Cases in Florida

Personal injury cases in Florida span the range of injuries from car and truck accidents, medical malpractice, dog bites, trips and falls, and many others. Florida’s personal injury law sets out your legal rights if you have...more

Adler Pollock & Sheehan P.C.

Rising Toxic Tort Claims: Silica and Implications of Silica Based Claims

Traditionally, toxic tort related claims are brought under product liability actions for negligence, breach of warranty, and strict liability. Asbestos has historically been the center of toxic tort litigation. The number of...more

Stark & Stark

Navigating New Jersey's Personal Injury Dog Bite Law: What You Need to Know

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Dogs are often called man’s best friend, but unfortunately, even the most beloved pets can sometimes cause harm. In New Jersey, like in many other states, there are laws in place to protect individuals who suffer injuries...more

Maison Law

What is California's Dog Bite Law

Maison Law on

U.S. News and World Reports says that, in 2022, dog bites resulted in 48,596 visits by victims to an emergency room in California. That translates to 125 visits per every 100,000 Californians. Between 2018 and 2022, dog bites...more

Spilman Thomas & Battle, PLLC

Pennsylvania Supreme Court Revisits the Admissibility of Evidence of Product’s Compliance with Governmental Regulations or...

In 2014, the Pennsylvania Supreme Court issued its much-anticipated opinion in Tincher v. Omega Flex, Inc., 628 Pa. 296, 104 A.3d 328 (2014). That case was a product liability action based on a design defect. The defense bar...more

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