Defending against tort claims is a critical concern for construction and oil and gas companies, as these industries inherently involve high-risk operations both on the road and at the job site. From injuries / fatalities to...more
In August 2025, a pair of California parents filed suit in California state court against OpenAI (Raine v. OpenAI, Inc.) after the death of their teenage son, alleging that the company’s generative-language model played a...more
Long has the inconsistent expansion and contraction of the economic loss rule and its exceptions frustrated South Carolina jurists and practitioners alike. Now, the South Carolina Supreme Court hopes to provide clarity by...more
On September 29, 2025, the Second District Court of Appeal issued an opinion in Bean v. City of Thousand Oaks (B338497), holding that a co-defendant with an adverse interest can oppose a motion for summary judgment without...more
This month, the Fifth Circuit made clear that Texas law does not permit tort recovery when an insured has already been made whole under their policy. ...more
[co-authors: Jean-Claude Mazzola, Adam Wiener, Richard Lerner] I am a longtime New York civil personal injury attorney. I thought that I had seen it all. Yet last year, while serving as a plaintiff’s trial attorney in a...more
Should employers be liable in tort for their employees’ sexual assaults? Until recently, the universal answer was a resounding “no.” After all, an employer is only liable for their employees’ actions when the employee is...more
An article in the August 9, 2025, issue of the New England Journal of Medicine highlights the opportunity, if not the responsibility, of the bar in the private law sector to fill the gaps in healthcare access, quality, and...more
Key Points: While legal malpractice actions can be brought as a negligence or contract claim, the gist of the action doctrine serves to limit those instances....more
Sometimes, they may even accuse you of causing them harm through negligence, breach of contract, or even breach of fiduciary duty. While the typical borrower-lender relationship doesn't create a fiduciary duty, certain...more
In 2024, Ontario’s highest court affirmed the principle that a certifiable tort claim requires a plaintiff to provide some basis in fact for a present, materialized injury that is “sufficiently serious.” A legally compensable...more
The Restatement (Third) of Trusts, specifically §104, lists four general areas in which the beneficiary’s actions may lead to an assumption of internal liability to the trust estate: (1) A loan or advance to the beneficiary...more
Do you know what kind of car insurance you or your plaintiff carries? Is it full tort or limited tort? Pennsylvania law permits a choice between two coverage options when selecting car insurance–limited tort and full tort....more
Last week attorneys for Creative Actors Agency (CAA), Miramax and Disney delivered oral argument in their appeal to try to prevent actor Julia Ormond’s negligence claims from moving forward in New York State Court. Oral...more
International comity has long sat at the center of U.S. foreign relations law, governing how U.S. courts approach conflicting foreign laws, foreign judgments, and abstention. However, evaluation of international comity...more
We previously reported that the Illinois Supreme Court issued its long-awaited decision in Martin v. Goodrich Corp., upholding the constitutionality of a 2019 amendment to the Illinois Workers’ Occupational Diseases Act (the...more
In Audish v. Macias (2024) 102 Cal.App.5th 740, the California Court of Appeal decided a key issue concerning the admissibility of a plaintiff’s future Medicare eligibility in calculating damages for future medical expense...more
With fewer fireworks than many expected, Governor Brian Kemp’s comprehensive tort reform legislation achieved passage by a comfortable margin in the Georgia State Senate on Friday. Garnering a 33-21 vote mostly along party...more
Commonwealth Court Rules Sexual Abuse Provision of Government Immunity Under the Political Subdivision Tort Claims Act Is Limited to Persons Under the Age of 18 - W. on behalf of S.W. v. Pittsburgh Pub. Sch., 327 A.3d 340...more
The United States Court of Appeals for the Fifth Circuit upheld a summary judgment granted to the insurer over a policyholder’s argument that payment of an appraisal award and interest may extinguish an insurer’s liability...more
Supreme Court of New York – New York County Eric Biljetina, et al. vs. Brenntag North America, Inc., et al. In this action, the plaintiffs allege the decedent had asbestos exposure through the use of Jean Nate talcum powder....more
In Alame and others v Shell Plc and another, the Court of Appeal of England and Wales has overturned a High Court judgment concerning the approach to causation in a significant environmental damages group action, finding that...more
For over three decades, federal preemption of state failure to warn claims has served as a powerful defense in strict liability tort cases. Courts have consistently dismissed lawsuits challenging the adequacy of warnings for...more
In Texas, as most other states, it is long settled that corporate agents are personally liable for their own tortious or fraudulent conduct—even if the conduct was done in their capacity as a corporate agent. Section 21.223...more
An issue of great importance to all construction project parties, including design professionals and contractors, is pending before the Massachusetts Supreme Judicial Court (SJC). In the matter of Trustees of Boston...more