7/14/22
By: Nancy Reimer & Sean Andrés Rapela
On July 1, 2022, in Bassichis v. Flores, the Massachusetts Supreme Judicial Court (“SJC”) held the litigation privilege protected an attorney from liability where he allegedly withheld information from the judge in …
Minnesota Just Made it Harder for Insureds to Claim ‘Bad Faith’
7/12/22
By: Matthew Jones
In the matter entitled Fishbowl Solutions v. Hanover Ins. Co., the United States District Court for Minnesota affirmed a Magistrate Judge’s Order denying an insured’s motion to amend the complaint to allege “bad faith.” The insured …
Pennsylvania Limits Risk Transfer for Snow and Ice Management Services
7/11/22
By: Joshua Ferguson
Pending the signature of Governor Tom Wolf, Pennsylvania will become the 4th State/Commonwealth in recent years to pass some version of an anti-indemnity law relative to snow and ice management services agreements.
The Pennsylvania House of Representatives
Massachusetts Appeals Court extends protections of the Statute of Repose
7/7/22
By: David A. Slocum
In an important recent decision, the Massachusetts Appeals Court has extended the protections of the Massachusetts Statute of Repose to a painter of parking lot markings.
In Adam C. Smith v. Andrew Divoll, the plaintiff (Smith) …
7/6/22
In a continuing trend toward the limitation of the enforcement of arbitration clauses in employment contracts, in Southwest Airlines Co. v. Saxon, the Supreme Court of the United States unanimously held that an airport ramp supervisor …
6/28/22
By: William Cheney
In 2017, the New Jersey Supreme Court, in Palisades at Fort Lee Condominium Association, Inc. v. 100 Old Palisade, LLC, et al., held that the statute of limitations for construction defect claims brought by a condominium …
Coverage Doesn’t Stick in Teflon dispute
6/27/22
By: Erin Lamb
At its Petersburg, New York plant, Tonoga, Inc. made products and materials coated with polytetrafluoroethylene, better known by its trade name, Teflon. Before 2013, when making Teflon, Tonoga used perfluorooctanoic acid, perfluorooctane sulfonate, or a combination of …
6/23/22
By: Grace Callanan
On May 23, 2022, the Supreme Court published its decision in Morgan v. Sundance related to the Federal Arbitration Act (the “Act”). The Court ruled that the Act is designed to put arbitration clauses or contracts on …
Persistent Risks and Regulations: New Health Advisories For PFAS
6/21/22
By: Joshua G. Ferguson and Alec D. Tyra
On June 15, 2022, the EPA released health advisories for four PFAS compounds – PFOA, PFOS, GenX and PFBS. The new health advisories are significant for three reasons. First, new health …
California Tort Law: Brown v. Taekwondo U.S.A. and the “no duty to aid” rule
6/16/22
Does a bystander have an obligation to come to the aid of another under California law? Under most circumstances, the answer is “no.” A year ago, almost to the day, the California Supreme Court clarified the …
Be Careful What You Post: Personal Jurisdiction in Internet Defamation Lawsuits
6/15/22
By: Michael Kenney and Tara Sheldon
In today’s world, we have innumerable options to communicate and social media platforms like Twitter and Facebook have become, for many, a large part of our lives. While our modern digital life has increased …
6/8/22
By: Michael Freed
The Supreme Court of Georgia granted certiorari in General Motors, LLC v. Buchanan on the question of “[w]hat factors should be considered by a trial court in ruling on a motion for a protective order under OCGA …