News & Analysis as of

Third-Party Liability

Mayer Brown

Arbitration Act 2025 | Part 2: Key Improvements

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The Arbitration Act 2025 is now an official new piece of legislation having received royal assent on 24 February 2025 ("2025 Act"). The new law, which refines and modernises the previous Arbitration Act 1996 ("1996 Act"),...more

Maynard Nexsen

Proposed Tort Reform Legislation in South Carolina: Insurance Industry Perspective

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Comprehensive tort reform legislation is on the agenda for the 2025-2026 legislative session in South Carolina. Senate Bill S. 244 was introduced in January 2025 and recently debated in the Senate Judiciary subcommittee. The...more

Cozen O'Connor

Troung v. Sanders: Matter of First Impression by the Louisiana Circuit Court of Appeals on “Betterment Deductions” in Third-Party...

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In December 2024, the Louisiana Second Circuit Court of Appeals rendered a significant opinion in Troung v. Sanders, et al., addressing the contentious issue of “betterment deductions” in third- party property damage claims....more

Pierce Atwood LLP

Five Ways Social Media Can Land Your Company in Legal Hot Water

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Social media can be a powerful business tool to connect with customers, but improperly managing your social media platforms can lead to costly mistakes, PR nightmares, and even legal troubles. Whether you’re a small business...more

Pierce Atwood LLP

Final Regulations on Partnership Recourse Liability Allocation and Related-Party Rules

Pierce Atwood LLP on

Recently, the Treasury Department and IRS released final regulations (89 Fed. Reg. 231) on the allocation of partnership recourse liabilities and related-party rules under Section 752 (the Final Regulations). The Final...more

White and Williams LLP

Amazon Can (Still) Be Liable in Louisiana

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On November 25, 2024, in Pickard v. Amazon.com, Inc., No. 5:20-cv-01448, 2024 U.S. Dist. LEXIS 215377, the United States District Court for the Western District of Louisiana (District Court) ruled that Amazon.com, Inc....more

Whiteford

Private Company M&A – Rep & Warranty Insurance: A “Zero-Liability” Promised Land for Sellers?

Whiteford on

Representation & Warranty Insurance (“RWI”) is specialty insurance coverage purchased for M&A deals which provides third-party insurance coverage for certain breaches of the Seller’s representations and warranties in the...more

Morrison & Foerster LLP

The Future of Section 230: Protection Against Product Liability Claims?

Courts around the country are grappling with Section 230 of the Communications Decency Act. Section 230 generally shields online platforms from liability for content posted by third-party users, but courts are now deciding if...more

White and Williams LLP

Amazon Can be Liable in Louisiana

In June 2024, the Supreme Court of Louisiana held that: (1) Amazon can be considered a “seller” of defective products sold by third parties on its website; and (2) Amazon can be liable under a theory of negligent undertaking...more

Morrison & Foerster LLP - Social Media

Part 2(A) – Section 230: 27 Years Old And Still In The Spotlight

In this second installment of our six-part series examining Section 230, the section of the 1996 Communications Decency Act (CDA) that immunizes online service providers from liability stemming from the publication and...more

Davis Wright Tremaine LLP

NLRB's New Joint-Employer Standard Drastically Increases Potential Liability for Businesses Employing Third Parties

The National Labor Relations Board (NLRB or Board) released its Final Rule on October 26, 2023, drastically expanding the circumstances under which separate entities could be considered joint employers. Under the Final Rule,...more

Stevens & Lee

Evading Transaction Roadblocks: Strategies for Common Late-Stage Dealbreakers

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After completing the arduous task of preparing to sell a business and agreeing to the terms in principle for a transaction in which a business owner will sell his or her “life’s work,” selling business owners (“Seller” or...more

Cozen O'Connor

CFPB, Center for Medicare and Medicaid Services Affirm Third-Party Financial Liability Regulations for Nursing Homes

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The CFPB and Center for Medicare and Medicaid Services (CMS) issued a joint notification letter to nursing facilities and debt collectors affirming the agencies’ position that nursing facilities can violate the Nursing Home...more

Husch Blackwell LLP

Asbestos Defendants Beware: Iowa’s Tort Reform Was Apparently Weaker Than We Thought

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In a 4-3 decision, the Iowa Supreme Court issued an opinion that significantly narrowed Iowa’s new statutory asbestos defense – holding the defense only protects asbestos product defendants who did not manufacture or sell the...more

White and Williams LLP

Amazon Can be Held Strictly Liable as a Product Seller in New Jersey

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On June 29, 2022, in N.J. Mfrs. Ins. Grp. a/s/o Angela Sigismondi v. Amazon.com, Inc., 2022 U.S. Dist. LEXIS 115826 (Sigismondi), the United States District Court for the District of New Jersey held that Amazon.com, Inc....more

Tarter Krinsky & Drogin LLP

Indemnity Provisions – What You Need to Know

The indemnification clause is one of the most important provisions in a construction contract. It transfers risk from one party, the “indemnitee,” to another party, the “indemnitor.” The risk is transferred by way of the...more

White and Williams LLP

Third Circuit finds Liability Under Title IX for Actions of Non-Students

Title IX of the Education Amendments Act of 1972 (Title IX) provides that “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to...more

Steptoe & Johnson PLLC

Third Circuit Finds Title IX Applicable to Actions of a Third-Party Campus Visitor

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In a case involving the murder of a student on campus by a visiting boyfriend, the Third Circuit Court of Appeals held that an institution may be liable under Title IX for its failure to address apparent harassment by a...more

White and Williams LLP

Title or Possession Required . . . Louisiana Court Rules That Amazon Is Not Liable for a Defective Product

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Courts continue to disagree as to whether Amazon is liable for defective products sold by third parties on its website. Amazon does not neatly fit into the traditional definition of “seller” in products liability law, which...more

Faegre Drinker Biddle & Reath LLP

Ho, Ho, Ho … Hold On … Did Legal Approve That?

The holidays are upon us — and so too are holiday advertising campaigns. With an unusual holiday season last year, many retailers are gearing up for what they hope to be a robust holiday season. Even with concerns over supply...more

Jones Day

Australia's High Court Confirms Facebook Page "Owner" Responsible For Defamatory Comments by Third Parties

Jones Day on

Background  - Fairfax Media Publications Pty Ltd, Nationwide News Pty Ltd and Australian News Channel Pty Ltd all maintain public Facebook pages allowing comments from members of the public. Dylan Voller commenced...more

Greenbaum, Rowe, Smith & Davis LLP

Is Amazon Liable For Third-Party Sellers’ Products? To Date, The Answer For E-Commerce Retailers May Depend On Where They Are

Online transactions on Amazon now account for over 50% of U.S. e-commerce. The company, already a massive corporation with enormous market share prior to the COVID-19 pandemic and the related rise in online shopping, saw its...more

Fenwick & West LLP

Section 230 and the Future of Content Moderation

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The Communications Decency Act of 1996 (CDA) was a landmark law enacted to regulate content on the internet. The purpose of the legislation was to regulate indecent and obscene material online, but it is most relevant today...more

Robins Kaplan LLP

Robins Kaplan Justice Report Spring 2021 | VOL. 15 NO. 2

Robins Kaplan LLP on

DUTY TO THIRD PARTIES: FOCUS ON FORESEEABILITY - Foreseeability is the foundation of duty in many states, and Minnesota is no different. With a series of cases starting in 2017, the Minnesota Supreme Court has made a...more

Dickinson Wright

Loomis v. Amazon: Strict Products Liability in the World of E-Commerce

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On April 26, 2021, the California Court of Appeal issued its decision in Loomis v. Amazon.com LLC, which could have drastic consequences for operators of e-commerce sites being sued for strict liability for injuries incurred...more

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