Tow‑truck ride home leads to no‑duty ruling under Illinois negligence law
3/11/26
By: Joseph Tripoli
Commercial transportation companies, service providers, and insurers are often asked to defend claims where an employee allegedly should have taken extra steps to help a customer avoid getting hurt. Tolentino v. Clifford’s Towing & Recovery, LLC is …
March 4, 2026: A big day for transportation at the highest courts
2/19/26
By: William Carson and Christopher Hanlon
March 4, 2026, is shaping up to be a big day for transportation at the Supreme Court of the United States and the Supreme Court of Texas. Both Courts will hear oral argument on …
Less salt application, more liability protection?
2/19/26
By: Joshua Ferguson
Wisconsin lawmakers have reintroduced a bill (SB 1019) that would potentially shield commercial road salt applicators from slip-and-fall lawsuits if they complete state training and use the taught de-icing methods. As it currently reads, the liability protection would …
12/19/25
The Commonwealth of Pennsylvania’s Legislature recently introduced House Bill No. 1913 that would permit attorneys to suggest to a judge or jury an “appropriate award for all past and future economic or noneconomic damages.” Pa. H.B. …
Mental health warning signs at work: Can employers still rely on workers’ comp exclusivity?
11/10/25
Following the recent decision in Rivas v. Benny’s Prime Chophouse, where the Illinois Appellate Court allowed a civil claim to proceed despite arguments that the Illinois Workers’ Compensation Act (“Act”) barred recovery, the court’s ruling …
When a free meal becomes a legal minefield: Lessons from Rivas v. Benny’s Prime Chophouse
11/10/25
A recent decision from the Illinois Appellate Court offers a cautionary tale for employers—particularly those in hospitality and food service—about the risks of informal workplace practices and the importance of consistency in litigation strategy. In Rivas …
Kentucky Court of Appeals soft launches a hard change to proximate cause
11/6/25
In Jena Lhotsky v. Guy Sutcliffe, No. 2024-CA-1521-MR (Ky. Ct. App. Oct. 17, 2025), a recently published opinion, the Kentucky Court of Appeals proposed a substantial change to how courts across the Commonwealth analyze proximate …
NY First Department expands scope of labor law § 240(1) to include delivery drivers
9/9/25
By: David M. Hawkins
In a recent decision, the Appellate Division, First Department, expanded the protections afforded to persons engaged “in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure” under Labor Law § 240(1) …
8/26/25
When called upon to answer for the actions of their employees, may employers be subject to both direct and indirect liability arising out of the same intentional conduct of an employee? In the State of New …
Love v. McKnight: Distracted driving isn’t bad faith under O.C.G.A. § 13-6-11.
8/6/25
A recent Georgia Supreme Court decision confirms that mere violations of traffic laws do not rise to the level of “bad faith” so as to entitle plaintiffs to attorney’s fees and expenses of litigation under O.C.G.A …
Are you responsible for a person’s injury that occurs on your property?
8/4/25
The Colorado Court of Appeals in Black v. Gautier confirmed the duties a landowner owes to persons on the landowner’s property. In Colorado, as in most states, the duty a landowner owes a person who is …
Florida Appeals Court reinforces key limits on claims handling evidence in insurance disputes
7/29/25
Florida’s Fourth District Court of Appeals issued an important ruling in Universal Property & Casualty Insurance Co. v. West Naze. The ruling upheld the difference between a claim for breach of the insurance contract (the policy) …