News & Analysis as of

Tort

The Law on Tribal Court Jurisdiction over Non-Members Stands with Supreme Court’s Tied Vote in Dollar General Corp. v. Mississippi...

by Dorsey & Whitney LLP on

John Doe, a teenage member of the Mississippi Band of Choctaw Indians, was working as an intern at a Dollar General store on the Tribe’s Reservation when he was sexually molested by the manager of the store. Doe sued Dollar...more

Belgian Private Damages Claims for Anti-Competitive Behaviour: Constitutional Court decides on Starting Point of Limitation Period

by Allen & Overy LLP on

On 10 March 2016, the Belgian Constitutional Court handed down an important decision on the starting point of the limitation period for private enforcement actions. These actions cannot be time-barred before a final decision...more

We Don’t Feel Your Pain: Massachusetts Limits Recoveries By Workers Compensation Insurers

by Carlton Fields on

When an injured employee sues a third party for negligence, the law usually permits her employer’s workers compensation insurer to share in the recovery. Last month, in DiCarlo v. Suffolk Construction Co., Nos. SJC-11854 and...more

Ontario Court Recognizes New Privacy Tort “Publication of Embarrassing Private Facts”

In Doe 464533 v. X (Doe 464533), the Ontario Superior Court of Justice (Court) found civil liability for the online publication of an intimate video by an ex-boyfriend. The case is significant because it signals the...more

Limitations and Notice Requirements for Tort Claims Against Government Entities

by Cozen O'Connor on

Alabama - Source of Government Immunity - - Claims against State: Ala. Const. art. I, §14. ..State is immune from tort actions. ..Bars (1) claims against the State, (2) claims against a State agency, (3)...more

The Erosion of Charitable Immunity for Virginia’s Colleges and Universities and What it Means for the Administrators and Trustees...

by Williams Mullen on

Historically, Virginia courts have treated non-profit colleges and universities as charitable institutions which are insulated from liability for simple negligence. This rule (known as the doctrine of “charitable immunity”)...more

Rome II – Applicable law to tort claims and indirect consequences – clarification from the ECJ

by Reed Smith on

In a decision handed down last week (10 December 2015), the ECJ has ruled that the law applicable to any claim for indirect consequences of a tort will generally be governed by the law of the country where the direct damage...more

3D Printing of Medical Devices: When a Novel Technology Meets Traditional Legal Principles

by Reed Smith on

This white paper – 3D Printing of Medical Devices: When a Novel Technology Meets Traditional Legal Principles – explores the legal ramifications and risks of the rapidly increasing use of 3D printing of medical devices. 3D...more

Seventh Circuit: "Frivolous" Argument Saves Jurisdiction

by Foley & Lardner LLP on

The Seventh Circuit issued an important opinion by Judge Easterbrook today, Lu Junhong v. Boeing Co., No. 14-1825, a clump of cases that arose after an Asiana Airlines jet manufactured by Boeing struck a seawall while landing...more

Courts Say There’s No Claim for “Reverse Bad Faith.” Could They Be Wrong?

by Pullman & Comley, LLC on

Last month, in State Auto Property & Casualty Ins. Co. v. Hargis, No. 13-5020 (6th Cir. May 6, 2015), the U.S. Court of Appeals for the Sixth Circuit predicted that the Kentucky Supreme Court would not allow insurers to sue...more

UK Court Of Appeal Issues Landmark Decision In Privacy Case

by King & Spalding on

On March 27, 2015, a United Kingdom Court Of Appeal addressed two fundamental but long-unsettled issues in UK privacy law, holding that the right to privacy is an independent tort and that the showing of harm necessary to...more

The Demise of the Economic Loss Rule in Construction Defect Litigation

The Massachusetts Supreme Court recently held in Wyman v. Ayer Properties, LLC, that the “economic loss rule is not applicable to the damage caused to the common areas of a condominium building as a result of the builder’s...more

Pennsylvania Supreme Court Formally Adopts “Gist of the Action” Doctrine

Pennsylvania’s “gist of the action” doctrine prohibits plaintiffs from pursuing tort claims for what are, in actuality, breach of contract claims. A variety of defendants, including those in the financial services industry,...more

Gist of the Action Doctrine May Not Bar Tort Claims Arising from Negligent Performance of Contractual Duties

by Pepper Hamilton LLP on

On December 15, 2014, the Pennsylvania Supreme Court broke its long silence on the gist of the action doctrine when it issued its decision in Bruno v. Erie Insurance Co. The gist of the action doctrine precludes a plaintiff...more

Buzzsaw or SawStop: Are You Prepared to Avoid Antitrust Liability in the Product Safety Arena?

In most respects, trade associations are pro-competitive organizations: they join together competitors to advance worthwhile goals and to learn from one another. Their societal value is why they are recognized as non-profits....more

Supreme Court of Japan Decision Clarifies Ability to Enforce Certain Foreign Judgments

by K&L Gates LLP on

On April 24, 2014, the Supreme Court of Japan issued a decision (Decision) with respect to the 'enforcement of foreign judgments' by Japanese courts. The Decision sets out criteria for when a Japanese court must enforce an...more

Report from Counsel: Insights and Developments in the Law - Spring 2014

by Archer Norris PLC on

In this Newsletter: - Before You Start a Business . . . - Estate Planning—Powers of Appointment - Public Use Required for Eminent Domain - Tax-Free Gains from Home Sales - Recreational-Use...more

Third Circuit Seeks Guidance from Pennsylvania Supreme Court Regarding Whether Insured Tortfeasor May Assign Bad Faith Claim to...

Allstate Prop. & Cas. Ins. Co. v. Wolfe, No. 12-4450 (3d Cir. Feb. 20., 2014) - Third Circuit petitions Supreme Court of Pennsylvania to decide whether an insured tortfeasor can assign his or her statutory bad faith...more

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