News & Analysis as of

Third-Party Negligence Appeals

Cozen O'Connor

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

Cozen O'Connor on

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

Miller Canfield

Michigan Court of Appeals: No Parental Indemnification for Child Injuries

Miller Canfield on

Can parents legally agree to financially protect third parties from claims arising from their children’s injuries? In MK v. Auburnfly, LLC, (No. 364577, 2024 WL 5148278, Dec. 17, 2024), a published opinion, the Michigan Court...more

Laughlin, Falbo, Levy & Moresi LLP

Kuciemba Update: Supreme Court Answers Long-Awaited Questions on Family Member COVID-19 Claims

In a unanimous opinion, the California Supreme Court answered two questions posed to it by the Ninth Circuit Court of Appeal, finding that an employer is not liable for a COVID-19 injury sustained by an employee’s household...more

Haight Brown & Bonesteel LLP

Does a Company Have a General Duty to the Public for the Actions of Third Party Users of Its Products?

A California Appeals Court answered this question in the affirmative in certain circumstances, overturning a demurrer previously sustained by the Superior Court. The case involves Bird Rides, Inc., an electric motorized...more

Harris Beach Murtha PLLC

Amazon Wins E-Bike Appeal: A Big Victory for E-Commerce

New York’s Appellate Division, First Department recently affirmed a Manhattan trial court’s dismissal of a lawsuit against e-commerce giant Amazon, where the plaintiff alleged personal injuries from an electronic bicycle his...more

Harris Beach Murtha PLLC

No Good Deed Should Be Punished: Harris Beach Wins Summary Judgment Under Volunteer Protection Act

In Jeraci v. Cooper et al., 2021 NY Slip Op 03025 (2d Dep’t May 12, 2021), the Appellate Division, Second Department of the New York State Supreme Court affirmed the dismissal of a negligence claim against a defendant who...more

White and Williams LLP

California Appellate Court Rules Amazon Can Be Strictly Liable for Defective Product

The California Court of Appeals recently ruled that Amazon.com, Inc. (Amazon) can be held strictly liable for injuries caused by a defective product sold by a third-party vender on its website. Bolger v. Amazon, D075738, 2020...more

Haight Brown & Bonesteel LLP

Value Paid by the Medical Lien Holder Alone Will Not Establish the Reasonable Value Medical Expenses

In Uspenskaya v. Meline (filed October 28, 2015), the California Court of Appeal for the Third District held that evidence of payments made by a medical lien holder offered to prove the reasonable value of medical services...more

Nexsen Pruet, PLLC

Employment Law Update - Danger Ahead: Employer Liability For Third-Party Harassment

Nexsen Pruet, PLLC on

On April 29, 2014, the Fourth Circuit Court of Appeals held that employers can be liable for third-party harassment under a negligence standard. In doing so, the court joined other circuits in establishing that employers can...more

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