Potential Impact of Pennsylvania’s Paul Miller Law on Motorist Liability
6/5/25
By: Joshua G. Ferguson and William P. Bodycot
Effective June 5, 2025, motorists in the Commonwealth of Pennsylvania will operate under a new law entitled “Paul Miller’s Law.” The new statute, signed into law last year by Governor Josh Shapiro …
When the commute becomes the job: $27.7M verdict reshapes employer liability
6/2/25
By: William A. Hadikusumo
On Thursday, May 22, a San Diego County jury awarded $27.7 million to Navy technician Michael LaPlante after a traffic collision resulted in the amputation of his leg. In LaPlante v. Martinez & Griffith Company, …
Connecticut: Potential recovery of punitive damages in breach of contract actions when tortious conduct is alleged
5/20/25
By: Makayla C. Erazo
The Connecticut Supreme Court in McCarter & English, LLP v. Jarrow Formulas Inc. (351 Conn. 186 (2025)) adopted the majority rule that lays the groundwork for potential recovery of punitive damages in breach of contract actions …
Supreme Court of Nevada exempts trademark licensors from strict products liability
5/14/25
By: James V. Lovett
In a 5-2 decision issued on May 1, 2025, the Supreme Court of Nevada weighed in on whether a trademark licensor could be held liable under a strict products liability theory when it did not design, …
Ninth Circuit: No “bad faith” when claimant fails to provide insurer with requested medical bills and records
5/8/25
By: Sander Alvarez and Cody M. McNearney
The U.S. Court of Appeals for the 9th Circuit recently affirmed summary judgment that, as a matter of law, auto insurer GEICO Indemnity Company could not have breached the duty of good faith …
Newest EPA efforts related to Forever Chemicals
5/8/25
By: Joshua G. Ferguson
In a press release on April 28, 2025, the U.S. Environmental Protection Agency (EPA) Administrator identified a series of planned agency actions to address Per- and Polyfluoroalkyl Substances (PFAS), colloquially referred to as Forever Chemicals.
The …
Washington Court of Appeals incorporates special skills of CDL truck drivers when applying the ordinary standard of care
5/6/25
By: Andrea Holburn Bernarding
On April 29, 2025, the Washington Court of Appeals, Division II, found that drivers with a CDL have an enhanced duty of reasonable care, encompassing their knowledge and expertise as a CDL driver.
The case …
Illinois Appellate Court affirms summary judgment for CTA after woman dies on the tracks
4/24/25
By: Madeline M. Krolczyk
The Illinois Appellate Court (First District) affirmed summary judgment for the defendant Chicago Transit Authority (CTA) and its driver when it found that no duty of ordinary care was owed to a trespasser on its railroad …
RICO, what is it good for?… Business losses arising from personal injury claims?
4/21/25
By: Stephanie N. Miller and Kevin R. Stone
An unlikely alignment of justices1 on the Supreme Court may have opened Pandora’s box for Racketeer Influenced and Corrupt Organizations Act (“RICO”) claims with their decision in Medical Marijuana, Inc. v. …
District court finds that university had no special duty to protect minors visiting campus
4/17/25
By: Courtney M. Knight
On Feb. 4, 2025, the District Court of New Jersey found that it would not be fair “to impose upon Princeton a proactive duty to monitor and protect all comers who walk onto its campus – …
Cardoso v. Jacques: Eggshell plaintiff rule may cover drug addiction and subsequent relapse and overdose
4/15/25
By: Tyler J. Pare
In Cardoso v. Jacques, 2024-J-0613, 2173CV00199, the Massachusetts Appeals Court recently held that a driver who caused a motor vehicle accident could be held responsible for an injured party’s subsequent drug overdose and death. The …
Hot coffee…round two
4/10/25
By: Amanda M. Figueroa
A Los Angeles County jury awarded $50 million to a plaintiff who suffered burns to his groin and genital region after receiving a hot drink from a Starbucks drive-thru window. Michael Garcia, the plaintiff, contended that …