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 …
New York Comprehensive Insurance Disclosure Act Updates 2022
5/5/22
New York enacted the Comprehensive Insurance Disclosure Act on December 31, 2021 (the “Act”). When originally signed, Governor Hochul requested that the Senate consider certain amendments to reduce or clarify the burden on litigants. The Act …
4/28/22
By: Sean P. Kelly
In a recent Appeals Court decision, Kennedy v. Abramson, 100 Mass. App. Ct. 775 (2022), the Massachusetts Appeals Court reinforced the vitality of the doctrine of res ipsa loquitur as a means for plaintiffs to be …
Ohio Appellate Court addresses “Permanent and Substantial Deformity”
4/25/22
By: Doug Holthus
Ohio Revised Code §2315.18 imposes certain limits upon the available recovery of personal injury compensatory (non-economic) and punitive damages awards. An exception to the cap on non-economic damages exists where the plaintiff can establish that the injury …
Georgia Sparks Further Cannabis Debate
4/20/22
By: Wayne S. Melnick and Carlos A. Fernandez
The legalization of cannabis continues to cause chronic concern in Georgia. Recently, the State of Georgia and Patsy Austin-Gatson, Gwinnett County District Attorney, were named as defendants in a suit challenging the …
4/14/22
By: Tyler Connor
In August of 2021, the Supreme Court of Georgia issued its controversial decision in Alston & Bird, LLP v. Hatcher Mgmt. Holdings, LLC, 312 Ga. 350, 862 S.E.2d 295 (2021). The Court ruled that under O.C.G.A. …
Kentucky’s Supreme Court examines the punitive damage “multiplier” in a case of first impression
4/12/22
By: Curt Graham
In cases involving punitive damages, courts often look to the ratio between punitive damages and compensatory damages when evaluating the constitutionality of the punitive damage award. This ratio is called the punitive damage “multiplier.” In a case …
Red flag: Ninth Circuit affirms summary judgment against football-related wrongful death claims
4/11/22
In Archie v. Pop Warner, No. 20-55081; CD CA 2:16-cv-06603, the Ninth Circuit panel unanimously affirmed summary judgment against chronic traumatic encephalopathy wrongful death claims by the estates of two former youth football players. The players …
Ohio Appellate Court reviews standard for claiming peer review privilege
4/6/22
By: Shafiyal Ahmed
In Stull v. Summa Health Sys., 2022-Ohio-457, the Ohio Ninth District Court of Appeals held that the Defendant Health System failed to establish that a physician’s residency file was privileged as a record within the scope …
2/23/22
By: Michael Freed
The Supreme Court of Georgia heard oral argument last week in General Motors LLC v. Buchanan. This highly watched appeal arose from a trial court’s denial of General Motors’s motion for protective order seeking to prevent …