Slip and Fall Damages: A Changing Landscape For Residential Landlords In Massachusetts
9/2/20
By: Marc Finkel
In an important development for Massachusetts based residential landlords, the Massachusetts Supreme Judicial Court (“SJC”) recently narrowed the availability of certain claims tenants may bring against landlords for slip and falls arising out of the accumulation of …
Efficacy of Covid-19 Liability Waivers
9/2/20
By: Caleb Saggus
Liability waivers are not new, but Covid-19 is. As we try to venture back to some form of normalcy, the effects of Covid-19 remains a topic of legal uncertainty. The private sector is playing a part in shaping the …
California Expands Attorney Cooperation Requirement
9/1/20
By: Chuck Horn
In California, for more than ten years, upon request of another party, a party has been required to provide an electronic version of its separate statement in connection with a motion for summary judgment. Since the separate …
Pennsylvania Opens Flood Gates to Unlimited Video Footage Discovery Requests
8/28/20
By: Erin Lamb
The Pennsylvania Supreme Court declined to review a Superior Court opinion issued in the case of Marshall v. Brown’s IA, LLC, that found that Plaintiff was entitled to a new trial in a case where the trial …
Bystander Claims in California: How Close is Close Enough?
8/24/20
By: Emily Williams
Witnessing the occurrence of a serious injury or death to a friend or a loved one is likely to cause emotional distress, even absent any physical injury to the bystander. However, in California, in order to have …
E-tailers Beware: California Court of Appeal Rules that Amazon Can be Sued for Products Sold by Third-Party Vendors on its Website
8/21/20
By: Anastasia Osbrink
A California Court of Appeal issued a ruling on August 13, 2020, holding that Amazon can be held strictly liable for products sold on its website by third-party sellers through its “Fulfilled by Amazon” (“FBA”) program. (…
Agent of Shield: Corporate Protection or Prudent Reopen – Liability Protection under the HEALS Act
8/19/20
By: Davit Zargaryan
On July 27, 2020, the Senate released their proposal for “Phase 4” of emergency assistance to alleviate the impact of the COVID-19 pandemic. The Heath, Economic Assistance, Liability Protection and Schools (HEALS) Act is a combination of …
Is It a New World for Punitive Damages in Georgia?
8/5/20
By: Aaron Miller
The Georgia Supreme Court recently decided a punitive damages issue that could have far-reaching impact on tort cases. In Reid v. Morris, 2020 GA. Lexis 472 (2020), the Court decided whether an individual that simply loans a …
Statute of Limitations Tolled in California Amid Pandemic
8/3/20
By: Matthew Jones
In response to the COVID-19 pandemic, California’s Governor Gavin Newsom issued a “state of emergency” for the entire State. In response, the California Judicial Council adopted several Emergency Rules to implement during the pandemic. In particular, Rule 9 states …
Seeing is Believing: Effective use of Animations in and out of the Courtroom
7/20/20
By: Paul Bigley
In California, we are blessed with a California Supreme Court case by the name of People vs. Duenas (2012) 55 Cal. 4th 1. The Duenas court addressed the use of animations in trial. The court drew a …
Update: Immunity for COVID-19 Claims in Georgia
7/2/20
By: Jake Daly
After being interrupted by three months because of COVID-19, the Georgia General Assembly finally completed its 2020 session on June 26. The final ten days saw a flurry of activity as legislators raced to pass a budget, a …
The Right to Recover Costs
6/24/20
By: Dhave Balatero
In California, the right to recover costs is entirely a creature of statute (Murillo v. Fleetwood Enterprises, Inc. (1998) 17 Cal.4th 985, 989) and Cal. Code. Civ. Pro. section 1032 is “the fundamental authority for awarding …