Special Relationship between Innkeepers and Guests
10/6/22
By: Sean P. Kelly
The Massachusetts Appeals Court recently considered, in a matter of first impression, whether “innkeepers” have a duty to prevent their guests from committing suicide. In Bonafini v. G6 Hospitality Property, LLC, the Appeals Court concluded …
NHTSA probes Tesla crashes involving motorcyclist fatalities
9/29/22
A recent article in Insurance Journal discusses how two crashes involving Teslas apparently running on Autopilot are drawing scrutiny from federal regulators and point to a potential new hazard on U.S. freeways: The partially automated vehicles …
Outbreak!: Why insurance claims professionals should pay attention to Monkeypox
9/22/22
By: Glenn Klinger
Monkeypox was declared a national public health emergency by the U.S. Department of Health and Human Services on August 4, 2022, only the fifth time this has happened since 2009. As of September 20, 2022, the Centers …
Watch your step: New Jersey Tort Claims Act Summer law update
9/6/22
The New Jersey Tort Claims Act remains a viable defense this summer for public entities, even for cases involving uneven boardwalks at the New Jersey shore.
Under the New Jersey Tort Claims Act (“TCA”), N.J.S.A. 59:1-1 …
Maine Healthcare Workers Challenging Vaccine Mandate Cannot Proceed Under Pseudonyms
8/8/22
By: Maria Alexander and Tara Sheldon
The healthcare workers challenging the constitutionality of Maine’s COVID-19 vaccine mandate can no longer litigate their claims anonymously after the First Circuit Court of Appeals found that they failed to demonstrate a reasonable fear …
7/18/22
By: Alec D. Tyra
On June 30, 2022, the Supreme Court issued its opinion in West Virginia v. EPA, invalidating the 2015 Clean Power Plan (CPP). Chief Justice John Roberts delivered the opinion of the court, holding that Section …
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 …
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 …
6/6/22
By: Edward Storck
Recently, the Connecticut Supreme Court examined the rights of a restaurant owner tenant who had withheld payment of rent citing the executive orders dealing with the Covid-19 pandemic as the cause for their inability to pay rent. …
Down It Goes! Illinois Prejudgment Interest Struck Down – What To Do Now
5/31/22
By: Jonathan Schwartz and Patrick Eckler
Judge Marcia Maras of the Circuit Court of Cook County struck down as violative of the Illinois state constitution, PA 102-0006, which permits prejudgment interest in personal injury and wrongful death cases. This ruling …