Georgia Supreme Court Issues an Important Decision on Negligent Security Claims
7/7/23
On June 29, 2023, the Supreme Court of Georgia issued its much-anticipated decision in Georgia CVS Pharmacy, LLC v. Carmichael on the liability of proprietors and security contractors for personal injuries that arise out of third-party criminal conduct. Although the …
Stay in Your Lane – Kentucky Supreme Court Cautions Experts Not to Stray Too Far Afield
6/28/23
By: LaShay Byrd and Curt Graham
In a recent Kentucky Supreme Court Case, Renot v. Secura Supreme Insurance Co., the Court reversed a judgment in favor of Defendant Secura, finding the trial court erroneously permitted Secura’s expert to testify …
6/12/23
By: Donald Patrick Eckler and Jonathan Schwartz
Starting in Spring 2021, Illinois began to allow 6 percent prejudgment interest to accrue in personal injury and wrongful death cases, albeit subject to exceptions and nuances, which we detailed in Down It …
Barking Up the Wrong Tree: Unleashing Georgia’s Dog Bite Liability
6/6/23
By: Carlos A. Fernández and Wayne S. Melnick
We have dogs. While we do not expect them to retrieve gold or tacos—although we would not oppose either—we would never expect them to retrieve us a personal injury lawsuit. They say …
Class Action Against Class I Rail Operator, Norfolk Southern
5/30/23
By Joshua G. Ferguson and Nicholas J. Hubner
Arising from a freight train derailment of February 3, 2023, in East Palestine, Ohio, groups from three states including Ohio, Pennsylvania, and West Virginia recently filed a class action lawsuit against the …
5/17/23
By Victoria James and Maria Alexander
On April 19, 2023, in a case titled Amica Mutual Insurance Company v. Mary Floyd and Elite Auto Rentals, LLC, the Connecticut Superior Court held that a rental company is shielded from liability for …
Minority Report: Kentucky’s Evolving Law of Foreseeability
5/9/23
By Tia J. Combs and Lucas Harrison
Kentucky courts’ view of foreseeability was recently addressed in a pair of cases: Walmart, Inc. v. Reeves and Culp v. SI Select Basketball, et al. Kentucky’s appellate courts held that the “shift” …
Connecticut Appellate Court Expands and Provides Guidance for Wrongful Conduct Rule
4/13/23
By: Janice Lai and Brayson Grant
On February 14, 2023, Connecticut’s Appellate Court expanded the application of the Wrongful Conduct Rule which was first adopted by the Connecticut Supreme Court in 2014.
In Lastrina v. Bettauer, 217 Conn. App. 592 …
The Dawn of Tort Reform: Governor Ron DeSantis Signs HB 837 Into Law
3/31/23
Governor Ron DeSantis signed Senate Bill 2-A into law in December 2022, followed by his signing of HB 837 on March 24, 2023. Together, these new laws provide sweeping reforms that dramatically effect Florida’s insurance and tort landscape. As concrete …
California’s Proposition 22 Survives … For Now
3/27/23
Supporters of Proposition 22, now codified at California Business and Professions Code sections 7448-7467, were handed a significant victory recently when the Court of Appeal reversed a trial court judgment that ruled the second most expensive …
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 …
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 …