Uber Drives Dual MDL Challenges to Ninth Circuit - Key Takeaways - Ninth Circuit review of Uber’s non-consolidation clauses in an MDL context could generate new precedent on the enforceability of similar clauses and shape...more
On June 30, 2021, the Village of Lytton in rural British Columbia was devastated by a wildfire that resulted in personal injury, the destruction of homes and livelihoods, and the tragic loss of life. Various court proceedings...more
What Canadian process is available for mass torts when a class action cannot be certified? That is one question addressed by the Ontario Superior Court of Justice in Carcillo v Canadian Hockey League (Carcillo)....more
The Situation: Tort liability rules for directors in Belgium changed significantly following the recent publication of a new Book 6 of the Civil Code. The new rules will enter into force on January 1, 2025....more
In City of Baltimore v. BP, et al., court holds that nuisance and tort claims are preempted by federal law and beyond the limits of state law....more
“A voice is as distinctive and personal as a face. The human voice is one of the most palpable ways identity is manifested. We are all aware that a friend is at once known by a few words on the phone. . . The singer manifests...more
The Supreme Court of New Zealand recently removed some significant roadblocks to bringing private law claims against major corporate greenhouse (GHG) emitters with a decision made in the case of Smith v. Fonterra....more
Landowner and mineral owner (that includes you, lessee): Under ETC Texas Pipeline, Ltd. v. Ageron Energy, LLC, your right to sue for damages for tort or trespass could pass into history before you even know you have a claim....more
On appeal of a strike out decision, the Court gives the plaintiff “his day in court” to argue that corporates owe a common law duty of care in tort to reduce greenhouse gas emissions. On 7 February 2024, the Supreme...more
In a recent decision, the Ohio Supreme Court held that Section 145 of the Restatement of the Law 2d, Conflict of Laws must be applied when determining the state law applicable to an insured’s bad faith claim. Noting that bad...more
The Alberta Court of King's Bench (Court) created a new common law tort of harassment in Alberta Health Services v. Johnston (Alberta Health)....more
In Alberta Health Services v Johnston, 2023 ABKB 209, the Court of King’s Bench of Alberta recognized a new tort of harassment. Background - Alberta Health Services (AHS) and two individual plaintiffs claimed they were...more
In the decision of Alberta Health Services v Johnston, 2023 ABKB 209 (“AHS v Johnston”), an Alberta court established a new tort of harassment. Background Facts - Alberta Health Services (“AHS”) and two named...more
We begin with an update on a trilogy of privacy class actions appeals in which plaintiffs sought, unsuccessfully, to expand the tort of intrusion upon seclusion. Next, we canvass the various approaches of Ontario courts...more
In Sheffield Teaching Hospital Foundation Trust v Hadfield Healthcare Partnership Ltd and others, the Technology and Construction Court provides helpful guidance about the use of standstill agreements to pause limitation...more
The United States District Court of Massachusetts recently published a decision regarding the constitutional inquiry for specific personal jurisdiction. In Chouinard v. Marigot Beach and Dive Resort, the court ruled that...more
On March 24, 2023, Florida Governor Ron DeSantis signed House Bill (HB) 837 into law, effecting sweeping reform of Florida’s tort laws. Some of the most notable changes are to Florida’s frameworks for negligence, insurance,...more
In Osmani v. Universal Structural Restorations Ltd., 2022 ONSC 6979, an Ontario court was the first to consider a claim for damages for the statutory tort of human trafficking under the Prevention of and Remedies for Human...more
The term “metaverse” first appeared in 1992 as an abstract concept in Neal Stephenson’s dystopian novel Snow Crash. Two decades later, the Metaverse has since evolved from a mere idea to a figment of everyday reality, as it...more
In Tar Heel Investments Inc. v. H.L. Staebler Co. Ltd., 2022 ONCA 842, a business alleged that its former employee sold two books of business to a subsequent employer. The Superior Court of Justice (SCJ) found that the...more
The Ontario Court of Appeal recently ruled that an organization that fails to take adequate steps to safeguard personal information in its possession cannot be held liable under the tort of intrusion upon seclusion when that...more
Employee filed action against company vice president for sexual harassment and sexual assault, and against company for vicarious liability for the sexual harassment. Court confirmed that sexual harassment is not an...more
The Ontario Superior Court of Justice recently released a decision, Incognito v. Skyservice Business Aviation Inc., 2022 ONSC 1795 (“Skyservice”), in which it struck out a Plaintiff’s claim for vicarious liability against her...more
Withrow v. Chevron is another Louisiana legacy lawsuit, this one claiming that defendants Chevron and Vernon E. Faulconer, Inc., and their predecessors, improperly disposed of toxic and hazardous oilfield wastes in unlined...more
The causes of action vary from case to case. The common denominator is that the suits are filed in state court and allege only state law claims. Despite producers’ best efforts, the federal courts have denied federal...more