Arbitration Clauses in Legal Engagements Are Not Per Se Void
9/17/20
By: Dana Maine
Joining with most other jurisdictions, the Georgia Supreme Court affirmed a Court of Appeals decision finding that arbitration clauses in attorney engagement agreements are not against public policy and clarified the burden of persuasion for demonstrating procedural …
Changes in the Landscape of Civil Litigation in the COVID-19 Era
9/17/20
By: Christopher Lee
As economic and social norms have been drastically altered over the course of these last several months in the COVID-19 era, so too has the effect been on civil litigants on both sides and the considerations being …
Plaintiffs Dogged by the “Coming and Going” Rule
9/16/20
By: Jennifer Weatherup
In a June 2020 decision, a California court upheld a defendant hospital’s motion for summary judgment, finding that the “coming and going” rule precluded liability for an automobile accident involving a volunteer pet therapist, and further finding …
Can I get an Extra Hot Mint Tea in a Venti Cup, but Only Filled Halfway?
9/15/20
By: Parisa Saleki
Starbucks. The major corporation is more than just a coffee shop – for many, it is a way of life. Yet, not even Starbucks is safe from lawsuits. The California Court of Appeal, Second Appellate District, recently …
Preparing for Kick-Off…and Litigation?
9/15/20
By: Curt Graham
As universities across the country prepare to kick off this highly unusual college football season, the impact of COVID-19 and the safety of student athletes are predominant considerations. Additionally, colleges have been required to examine the legal …
Avoiding Implied Attorney-Client Relationships with Individual Members of Small Companies
9/15/20
By: Jennifer Weatherup
Where an attorney represents a partnership or entity, there is the potential for him or her to create an implied attorney-client relationship with its individual members, imposing a duty of care that the attorney may not be …
CCPA Enforcement: It’s Here … And Beyond
9/14/20
By: Rick Bortnick
On July 1. California’s Attorney General (“OAG”) began enforcing the California Consumer Privacy Act (“CCPA”) against Covered Entities, notwithstanding that California’s Office of Administrative Law (“OAL”) had yet to approve CCPA’s correlative regulations. That changed on August …
Suffering A Fall While The Snow Falls – New Jersey No Longer Applies “Ongoing-Storm” Rule As A Defense To Slip And Fall Claims Involving Snow & Ice
9/11/20
By: Stacey Bavafa and Michelle Yee
In Pareja v. Princeton International Properties, __ A.3d__ (N.J. Super. App. Div. April 9, 2020), the Appellate Division of the New Jersey Superior Court reversed a summary judgment decision in favor of a …
Massachusetts Appeals Court Holds Internet Postings Are Subject to the Single Publication Rule
9/11/20
By: William Gildea
The Massachusetts Appeals Court recently decided a case that could have broad implications for online publishers facing defamation suits. The Massachusetts Appeals Court held that in an action for defamation founded on purported defamatory statements on a newspaper’s …
Maryland: The Latest to Abandon Frye Standard for Expert Admissibility
9/10/20
By: Brittany Kurtz and Joshua Ferguson
The Maryland Court of Appeals closed out the summer with a big splash. In Rochkind v. Stevenson II, the Court left the dwindling number of Frye v. United States, 293 F. 1013 (D.C. Cir. …
SAFE TO WORK ACT: The HEALS Act’s Tort Immunity Provision
9/9/20
By: Tia Combs
In the slew of hotly debated topics for provisions to be included within upcoming COVID-19 relief legislation, chambers of commerce and Republicans in Congress have consistently pushed for liability protections for businesses, health care providers, and schools …
One Verdict Does Not Make a Trend. Will Virtual Trials Take the Personal Out of the Personal Injury Jury Trial?
9/9/20
By: David Molinari
Courtroom mastery, compelling examination of witnesses and arguments focused on the emotional aspect of the particular consequences of injury; or the significance and effect of the jury’s finding on the question of liability are all being re-examined …