3/22/23
In Williamson v. Evans Nails & Spa Corporation, the Illinois appellate court ruled that video footage of a nail salon customer’s fall was sufficient to reverse summary judgment in favor of the salon and allow …
Category: Tort and Catastrophic Loss
Class action alleges high levels of “forever chemicals” in Simply brand juice
1/24/23
By: Matt Foree and Josh Ferguson
A consumer has filed a class action alleging that juice marketed as healthy contains harmful chemicals. The case is styled Joseph Lurenz versus The Coca-Cola Company and The Simply Orange Juice Company. It was filed …
Ohio Supreme Court narrowly limits application of tort claim damage caps
1/23/23
By: Doug Holthus and Zachary Weigel
In a recent and narrow Decision (Brandt v. Pompa, Slip Opinion No. 2022-Ohio-4525; 4-3) the Ohio Supreme Court determined that Ohio Revised Code §2315.18 (Ohio’s Tort Reform Statute) is unconstitutional when applied to claims …
Maine’s Statutory Limits on Government Immunity from Negligence Claims
12/19/22
By Victoria James
The Maine Tort Claims Act provides immunity in negligence actions for all government entities 14 Me. Rev. Stat. § 8103. There are four broad exceptions to immunity where the government can be held liable for property …
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 …