News & Analysis as of

Third-Party Liability Appeals

Stikeman Elliott LLP

Intrusion Upon Seclusion Claims In Privacy Breach Class Actions? Court of Appeal Trilogy Offers Guidance

Stikeman Elliott LLP on

In a trilogy of rulings released on November 25, 2022, the Ontario Court of Appeal (“Court”) has ruled that the tort of intrusion upon seclusion cannot extend to companies that collect and store personal information and fall...more

Sheppard Mullin Richter & Hampton LLP

Keeping the Cap On the Policy: Unreasonable Conduct Is a Necessary Element of a “Bad Faith Failure to Settle” Claim

Pinto v. Farmers Ins. Exch., ___ Cal. App. 5th ___ (2021) - Over the past several years, the insurance industry in California has been plagued by waves of “bad faith failure to settle” claims. These claims arise out of a...more

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

Sixth Circuit Sheds Light on Standard for Title IX Deliberate Indifference Claims

On December 12, 2019, the United States Court of Appeals for the Sixth Circuit held that a sexual misconduct complainant’s fear of further contact with the respondent was not enough to support a claim against the university...more

Farella Braun + Martel LLP

3 Lessons For Calif. Insureds From Late-Notice Rule Decision

In Pitzer College v. Indian Harbor Insurance Company, the California Supreme Court resolved two previously open questions in insurance law: (1) it concluded that the notice-prejudice rule is a fundamental public policy of...more

Womble Bond Dickinson

Unsolicited Fax was not an Ad, Third Circuit Court of Appeal Finds

Womble Bond Dickinson on

On May 28, 2019, the United States Court of Appeals for the Third Circuit affirmed the District Court’s decision to grant summary judgment in favor of Defendants Optum, Inc. and OptumInsight, Inc. related entities...more

Cozen O'Connor

Massachusetts: Third-Party Claim Handler Made Reasonable, Prompt Efforts to Settle Nursing Home Liability Claim, and Therefore Was...

Cozen O'Connor on

On March 18, 2019, the First Circuit Court of Appeals affirmed a decision holding that Sedgwick Claims Management Services made reasonable and prompt efforts to settle a nursing home liability claim, and therefore was not...more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Says Employer Liable for Customer Stalking Employee

Title VII of the Civil Rights Act of 1964 protects employees from workplace harassment. As most employers know, these protections apply not only to behavior by co-workers and supervisors but also to harassment by customers,...more

WilmerHale

Third Circuit Weighs In on Scope of Section 524(g)(4) Injunction

WilmerHale on

Summary: A recent Third Circuit decision has clarified the scope of the third-party injunction, including injunctions in favor of insurers that resolve insurance coverage in asbestos bankruptcy cases, that may be issued under...more

White and Williams LLP

Pennsylvania Supreme Court Declares Future Credit on Medical Benefits Dead

White and Williams LLP on

On June 19, 2018, the Pennsylvania Supreme Court decided Whitmoyer v. WCAB (Mountain Country Meats), No. 52 MAP 2017, 2018 Pa. Lexis 2995. The decision reversed longstanding Pennsylvania law and the Commonwealth Court’s...more

Jaburg Wilk

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

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

Miles & Stockbridge P.C.

Third Circuit Latest to Hollow Out Bright Line Bare Metal Defense

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

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

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

Haight Brown & Bonesteel LLP

Dangerous Condition, Dangerous Precedent: California Supreme Court Expands Scope of Dangerous Condition Liability Involving Third...

In Cordova v. City of Los Angeles (filed 8/13/15, Case No. S208130), the California Supreme Court held a government entity is not categorically immune from liability where the plaintiff alleges a dangerous condition of public...more

Bennett Jones LLP

Breathing Room: The Alberta Court of Appeal Addresses the New Limitation Period for Third-Party Claims

Bennett Jones LLP on

The limitation period for a defendant seeking contribution from a third party has changed. In last month's Alberta Court of Appeal decision of Whitecourt Power Limited Partnership v Elliott Turbomachinery Canada Inc., 2015...more

Bennett Jones LLP

Change in Limitation Period Law Significant for Construction Projects

Bennett Jones LLP on

In Whitecourt Power Limited Partnership v Elliott Turbomachinery Canada Inc., 2015 ABCA 252 (Whitecourt Power), the Alberta Court of Appeal interpreted a recent amendment to the Limitations Act that changed the limitation...more

Blake, Cassels & Graydon LLP

B.C. Court of Appeal Affirms Refusal to Certify Business Practices and Consumer Protection Act Claims

On June 3, 2015, in Marshall v. United Furniture Warehouse Limited Partnership (Marshall), the B.C. Court of Appeal dismissed the plaintiffs’ appeal from the application judge’s denial of certification of a proposed class...more

16 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide