Future medical care claim barred for minor bitten by dog due to plaintiffs’ failure to comply with discovery rules
2/20/24
By: Donald Patrick Eckler and A. Mark O’Danovich
In Phillips v. Havenar, 2024 IL App. (4th) 230204-U, the Illinois Appellate Court provided a detailed discussion of plaintiffs’ failure to comply with numerous evidentiary and discovery rulings, the most important of …
In matter of first impression, Indiana Supreme Court holds common law claims against Dram Shops can stand
2/15/24
By: Donald Patrick Eckler and Joshua W. Zhao
In WEOC, Inc. v. Niebauer ex rel Estate of Blount, No. 23S-CT-184 (2024), as an issue of first impression, the Indiana Supreme Court considered whether common-law liability still applies to claims …
A new concern for drug-makers emerges: “Pipeline Liability”
2/13/24
By: Nathaniel L. Dunn
California Court of Appeal decision finds pharmaceutical companies owe their customers a duty to move safer alternatives to existing drugs through the development pipeline.
In the 1980s, an HIV/AIDS diagnosis was widely seen as a …
PFAS manufacturers obtain appellate victory dismissing class action seeking damages for every resident of Ohio
12/4/23
By: Kevin G. Kenneally, David Harding and Christina Morgan
“Seldom is so ambitious a case filed on so slight a basis.”
–U.S. Court of Appeals for the Sixth Circuit
On November 27, 2023, the U.S. Court of Appeals for …
Recent ruling defines Pennsylvania’s Statute of Repose as strong defense in construction defect litigation
11/29/23
By: Nicholas J. Hubner
The Statute of Repose is a viable defense in cases dealing with construction defects in Pennsylvania. It limits the liability of builders for defects by barring suits filed 12 years from the date construction is completed. …
Understanding CMS regulations: navigating Medicare secondary payer reporting requirements
10/30/23
By: Cathi Carson-Freymann
The Centers for Medicare & Medicaid Services (CMS) have finalized regulations that shed light on how it will handle civil money penalties for violations of the Medicare Secondary Payer (MSP) reporting requirements. The new rule applies to …
Slippery Conditions in Pennsylvania Defense Slip and Fall Negligence Case
9/27/23
By: Nicholas Hubner
In a recent ruling this month, the Superior Court of Pennsylvania affirmed summary judgment in favor of the defense in a slip and fall case involving “generally slippery” conditions. Plaintiff filed suit against the defendant property owner …
Supreme Court of Georgia affirms decision that cap on punitive damages is constitutional
9/26/23
By: Michelle Yee and Sean R. Riley
In a recent decision, Taylor v. Devereux Found., Inc., 316 Ga. 44, 92, 885 S.E.2d 671, 707 (2023), the Supreme Court of Georgia ruled that a statutory cap on punitive damages did …
Nuclear Verdict Largest Ever in the State of Ohio
9/7/23
By: Doug Holthus and Ashley Hetzel
A Columbus, Ohio family was recently awarded $787M by a federal trial court jury following the death of the family’s 2-year-old son in 2018.
On May 22, 2018, the 2-year-old was playing with his …
Penn Medicine Challenging Largest PA Med Mal Claim Verdict
8/30/23
By: Nicholas J. Hubner
A Philadelphia County recently awarded a $182.7 MM verdict, including $80 MM in pain and suffering damages, against the Hospital of the University of Pennsylvania, known as Penn Medicine. While larger medical malpractice jury verdicts are …
Pennsylvania Supreme Court Rejects Attempt to Make “All Persons” Liable for Service to Intoxicated People
8/30/23
By: Erin E. Lamb
The Pennsylvania Supreme Court has rejected an attempt to upend long-standing Pennsylvania and common law by declining to extend liability for service of alcohol to visibly intoxication people to any person. The argument made by …
Back-to-school driving cautionary tips from a lawyer’s perspective
8/28/23
By: Geoffrey F. Calderaro
With Fulton and DeKalb County schools beginning classes August 7, 2023, all major Atlanta Metro school districts are back in session for the 2023-24 school year. While we are glad that our students are back in …