News & Analysis as of

Third-Party Liability

Bechtel National: Third Party Lawsuit Settlement Cost Allowability Remains Murky After Recent COFC Decision

by Dentons on

Contractor legal costs, including the costs to settle third party lawsuits (i.e., suits brought against a contractor by an individual or non-governmental entity), are allowable if the costs are reasonable, allocable,...more

Japan's plea bargaining system

by Hogan Lovells on

A new plea bargaining system – offering reduced penalties to companies that report certain violations and cooperate with government investigations – will come into effect in Japan this June, reflecting an amendment to the...more

Another Appellate Court Holds that Faulty Work Constitutes an Occurrence – This Time Under New York Law

It is axiomatic that in order to obtain insurance coverage a policyholder must first establish that a claim falls within a policy’s insuring agreement before coverage under the policy is triggered. For construction claims...more

Fourth Circuit finds manufacturers not vicariously liable for retailers’ TCPA violations

Takeaway: A recent Fourth Circuit decision finding that UTC and Honeywell, manufacturers of home-security systems, could not be held vicariously liable for calls by downstream retailers in violation of the Telephone Consumer...more

Arizona Insurers Beware of "Pay-and-Chase"--Arizona Supreme Court Rejects Expansion of Equitable Indemnification

by Jaburg Wilk on

The Holding - In Knightbrook Insurance Company v. Payless Car Rental System Incorporated, 2018 WL 769295 (Ariz. February 8, 2018), an insurance bad faith and equitable indemnification case arising from an auto claim, the...more

Aviation Happenings - Spring 2018 - Part A

...California District Court Dismisses Suit Against Airbus and Rolls Royce on Forum Non Conveniens Grounds - On December 11, the U.S. District Court for the Central District of California granted defendants Airbus S.A.S....more

Dangerous Assumptions and Serious Consequences in Cybersecurity

by Bennett Jones LLP on

It's not the kind of news a retail giant wants to make. In May 2017, Target agreed to a $18.5-million settlement to resolve a 47-state investigation into a massive 2013 hack. This settlement put Target's total cost of the...more

Hiring a drone services provider? Key liability risks for your business

by Dentons on

Businesses that contract for drone services are not necessarily shielded from liability if the drone operator breaks the law. In many ways, the purchaser of drone services is a passive participant in the flight and the drone...more

Understanding Limitations of Liability: Recent Alberta and Canadian Case Law

by Field Law on

Contractual liability limitations are a means of managing risk in construction contracts. Depending on the type of project, the type of possible damages, and the availability (or unavailability) of insurance, liability...more

Dialing-In: TCPA Hot Issues for 2018

Companies across a spectrum of consumer-facing industries face a continued wave of class action filings under the Telephone Consumer Protection Act (TCPA). In 2017, TCPA lawsuits remained one of the most frequently filed...more

Third Circuit Latest to Hollow Out Bright Line Bare Metal Defense

by Miles & Stockbridge P.C. on

On October 3, 2017, the United States Court of Appeals for the Third Circuit held—in a case of first impression—that a manufacturer of a “bare metal” product may be liable for a plaintiff’s injuries caused by later added...more

Landmark decision awards security for costs against third-party funder in excess of funder’s commitment

by White & Case LLP on

The decision in Sandra Bailey & Others v GlaxoSmithKline UK Limited on 8 December 2017 examines the exposure of third-party funders to security for cost applications and considers whether the so-called Arkin cap is of any...more

Competition Law 4 August 2017 n. 124 - News for the insurance sector

by DLA Piper on

Legislative Decree 4 August 2017 n. 124 (so called "Competition Law 2016") sets out a number of provisions affecting the insurance sector, and pricipally motor third party liability (MTPL) insurance....more

Risk Mitigation Strategies for Food and Beverage Companies: Five Prophylactic Measures

by Dorsey & Whitney LLP on

Each year, food, beverage and agribusiness companies pay millions of dollars in settlements, penalties and judgments to consumers allegedly harmed through the sale, advertisement and manufacture of their products. The legal...more

7 Business Cases to Follow in the Supreme Court's Fall Term

by Bennett Jones LLP on

The Supreme Court of Canada’s fall term begins on October 2. Scheduled hearings that may interest the business community are described below...more

Ninth Circuit Declines to Hold Seller Vicariously Liable for Third-Party Telemarketer’s TCPA Violations

Takeaway: Decisions addressing a seller’s exposure to vicarious liability for calls placed by a third-party telemarketer in violation of the Telephone Consumer Protection Act (“TCPA”) offer little predictability or guidance....more

Third Parties Aren’t Liable for POA Agent Misconduct - But Only Up to a Point

Litigation and legislation have shaped the extent to which third parties can be held liable when agents abuse their authority under Powers of Attorney (POAs). A landmark Pennsylvania Supreme Court ruling known as the Vine...more

Negligence liability: parent and subsidiary companies

by Dentons on

The High Court has considered the circumstances in which a parent company may be liable to third parties in negligence for the acts or omissions of its subsidiary....more

Protecting Data: Vendors May Be Your Weakest Link

by Murtha Cullina on

A Verizon Communications vendor misconfigured a cloud server that caused the information of 6 million Verizon customers to be exposed on-line. When a cyber incident or data breach occurs on your vendor’s watch, regardless of...more

Dish Network to Dish Out $341M for TCPA Violations

Two recent judgements against Dish Network LLC (“Dish”) for violations of the Telephone Consumer Protection Act (TCPA) and similar state and federal laws demonstrate the significant liability companies may face based on the...more

IT/Data Protection Germany Newsletter

by Reed Smith on

As you know, the newsletter has moved to Reed Smith together with the Olswang team. We are very happy to send you the first Reed Smith issue of our quarterly IT/Privacy newsletter today. Much of it remains the same, some...more

Healthcare Law Update: June 2017

by Holland & Knight LLP on

Medicaid - Florida's Medicaid Third-Party Liability Act Pre-empted by Federal Law - By Eddie Williams - In Gallardo v. Dudek, Sec. of Florida Agency for Health Care Administration, No. 4:16cv116-MW/CAS, 2017 WL...more

Ninth Circuit Upholds Owners Rights to Seek Contribution From Third Parties for ADA Violations

In a victory for owners of facilities covered by the Americans with Disabilities Act (ADA), the U.S. Court of Appeals for the Ninth Circuit has upheld a property owner’s right to seek contribution from third parties who fail...more

Dish Network Liable for $61 Million in Treble Damages for Service Provider's TCPA Violations

by Ballard Spahr LLP on

A recent federal court ruling provides a potent reminder that companies can be held liable for consumer protection law violations committed by third-party vendors—and underscores the importance of maintaining strong vendor...more

Don’t “Hire” A Lawsuit: A New Employee’s Misappropriation of Trade Secrets May Quickly Become Your Own

by Fisher Phillips on

Companies commonly assume that they will only be sued for trade secret misappropriation if they or someone from their company steal the “secret sauce” of their competitor. Not true. A far more common way that companies get...more

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Cybersecurity

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