The United States Court of Appeals for the Fourth Circuit recently interpreted the “loss of chance” provision of West Virginia’s Medical Professional Liability Act (the MPLA). In Graham v. Dhar, the Court ruled that a...more
In Duncan v. Minnesota Life Ins. Co., 2021 U.S. App. LEXIS 4069 (6th Cir. Feb. 10, 2021), the Sixth Circuit held that an insurer properly denied accidental death benefits on the grounds that a patient's leukemia caused the...more
On February 26, 2021, the Massachusetts Supreme Judicial Court (SJC) clarified the standard to be used for factual causation in multiple defendant tort actions. The SJC’s opinion in Doull v. Foster, 487 Mass. 1 (2021),...more
In Doull v. Foster, the Massachusetts Supreme Judicial Court (SJC) addressed the proper causation standard in a medical malpractice case. In reaching this issue, the SJC reached far beyond the medical malpractice case before...more
On April 16, 2020, the Illinois Supreme Court officially adopted the "predominate factor test" and ruled in Dew-Becker v. Wu (2020 IL 124472) that daily fantasy sports (DFS) are, in fact, games of skill, and therefore...more
In Arruda v. Zurich Am. Ins. Co., 951 F.3d 12, 13 (1st Cir. 2020), the First Circuit held that a claims administrator's decision to deny accidental death and dismemberment benefits was not an abuse of discretion where...more
Knutson v. Foster, 25 Cal. App. 5th 1075, 1077 (Aug. 8, 2018) - Brief Summary - A competitive swimmer was successful in reinstating a jury verdict against her lawyer for fraudulent concealment and intentional breach of...more
On December 11, 2017, the Commissioner of the New Jersey Department of Labor and Workforce Development, Aaron Fichtner (the “Commissioner”), ruled that the New Jersey Unemployment Compensation Law’s (NJUCL) exemption for...more