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 …
Summer Cyber & Privacy Round-Up
8/24/23
By: Nicholas Jajko
2023 has been a busy year for data privacy regulation, with the passage of privacy laws in six new states (Indiana, Iowa, Montana, Oregon, Tennessee, and Texas). Other developments are also worth spotlighting for current and prospective …
In New Jersey, A Recall Notice Alone Is Insufficient to Trigger Lemon Law Claims
8/16/23
By: Matthew A. Wachstein
In a recent case of first impression, the New Jersey Appellate Division held in the published decision of Alvin Singer v. Toyota Motor Sales, U.S.A., Inc., d/b/a Lexus, 2023 WL 4278764 that a motor vehicle recall …
Risk-Pooling with JIFs: When Self-Insurance is Not Insurance
8/3/23
By: Edward Solensky Jr.
Statewide Insurance Fund v. Star Insurance Company, 253 N.J. 119 (2023) involved an insurance coverage dispute between a public entity joint insurance fund (JIF) and Star Insurance Company (Star), a commercial general liability insurance company.
At …
Tiebreaker or Deal-breaker? Order of Precedence in Construction Contracts
7/24/23
By: Alexander S. Gebert and Timothy B. Soefje
In baseball and softball, when a runner arrives at a base at the same time as the ball, the runner is thought to be safe. In other words, a tie goes to …
Third Time’s a Charm: California Enacts Model Rule of Professional Conduct Rule 8.3 Snitch Rule
7/17/23
By: William A. Muñoz
After two failed attempts in 2010 and 2016 to enact a version of Model Rule of Professional Conduct, Rule 8.3, otherwise known as the “Snitch Rule,” the California Supreme Court has approved a version of Rule …
What is a Health Care Liability Claim in Texas? A Tale of Two Cases
7/17/23
By Timothy Soefje and Gabriel Canto
Two Texas cases fortuitously reported on back-to-back days brilliantly illustrate the counterintuitive, contentious, and consequential labeling of Texas claims as Health Care Liability Claims (“HCLCs”) or non-HCLCs. An HCLC designation is important because it …
U.S. Supreme Court Expands Lands Available For Construction By Limiting The Clean Water Act
6/29/23
By: John L. Kortum
The United States Supreme Court vastly expanded the range of lands available for construction projects in a recent opinion limiting the reach of the Clean Water Act. By interpreting the phrase “waters of the United States” …
Stay in Your Lane – Kentucky Supreme Court Cautions Experts Not to Stray Too Far Afield
6/28/23
By: LaShay Byrd and Curt Graham
In a recent Kentucky Supreme Court Case, Renot v. Secura Supreme Insurance Co., the Court reversed a judgment in favor of Defendant Secura, finding the trial court erroneously permitted Secura’s expert to testify …
When is a Law Enforcement Vehicle in Use for Purposes of Waiving Sovereign Immunity Under Georgia Law?
6/26/23
By: Jacob E. Daly
Georgia law waives the sovereign immunity of local government entities for claims based on bodily injuries or death that are caused by the negligent use of a covered motor vehicle by a local government officer …
Business Associate Agreements: What You Need to Know
6/23/23
By: Michael Griffin and Alexandra Held
Business associate agreements are essential to ensure compliance with the Health Insurance Portability and Accountability Act (HIPAA), the federal law establishing national standards to protect the privacy and security of protected health information (PHI). …
Lights, Camera, (Less Than an) Action!
6/22/23
By: Elissa B. Haynes and Carlos A. Fernández
Usually, the courts do not take issue when litigating parties stipulate to an agreement—especially when the parties are agreeing to dismiss claims. However, the courts will not turn a blind eye to …