California Supreme Court confirms an exception to the Economic Loss Doctrine
4/1/25
By: Gaia T. Linehan
In Rattagan v. Uber Technologies Inc. (2024) 17 Cal.5th 1, the California Supreme Court recently answered a question posed to it by the 9th Circuit Court of Appeals: May a plaintiff assert a tort claim …
3/26/25
By: P. Michael Freed and Xander D. Melnick
Addressing an issue of first impression, the Supreme Court of Georgia recently held that the New York Times v. Sullivan “actual malice” standard does not apply to a defamation plaintiff’s burden to …
Forever chemicals in food: When will the FDA act on PFAS?
3/20/25
By: Noël Couch, Katherine E. Morsman, and Kevin M. Ringel
For over a year, the Food and Drug Administration (FDA) has remained silent on a request to set enforceable limits on per- and polyfluoroalkyl substances (“PFAS”) in food. …
Eastern District of Pennsylvania restricts employers’ liability for acts of violence by employees
3/14/25
By: James M. Mathew
Recently, in Matos v. Uber Technologies, Inc., U.S. District Court for the Eastern District of Pennsylvania, sitting in Philadelphia, dismissed a claim of negligent hiring, supervision, and training against Uber Technologies Inc. and Raiser, LLC, …
Avoiding plaintiff’s verdicts for the intentional actions of another
3/3/25
In early February 2025, a New Jersey Bergen County jury awarded the victim of a shooting at an event space and bar in Teaneck, New Jersey a total of $3 million. The shooter, who had been …
Edison under fire: Legal responses to the southern California Eaton Fire
2/19/25
By: Eden Elkayam
The 2025 new year brought with it several destructive wildfires affecting various areas of southern California due to powerful Santa Ana winds, prolonged droughts, and heavy vegetation growth, amidst other potential causes. One of the major fires …
Georgia lawmakers seek protection for the “carpet capital of the world”
2/19/25
By: Noël Couch, Joshua G. Ferguson, and Kevin G. Kenneally
Manufacturers in Dalton, Georgia, better known as the “carpet capital of the world,” are battling potentially costly lawsuits that accuse the carpet industry of contaminating local drinking water …
2/17/25
The Connecticut Supreme Court, in a 4-1 decision, in L.L. et al v. Newell Brands, Inc., et al, 351 Conn. 262 (2025), declined to recognize a common-law cause of action for loss of filial …
Indiana Supreme Court “rings” in new standard for cell phone discovery
2/5/25
By: Donald Patrick Eckler and Sophie Stevanovich
The Indiana Supreme Court in Jennings v. Smiley, 2025 WL 289151 (Ind. 2025), set forth the standard that a party must meet in order to require the production of cell phone data. …
“Controlling employer” under OSHA is not sufficient control under section 414 in Illinois
1/3/25
By: Kolton A. Reed
Under Illinois common law, a general contractor who employs a subcontractor is not liable for the subcontractor’s acts or omissions. However, under section 414 of the Restatement Second of Torts, where a general contractor retains sufficient …
New Jersey court rules no dangerous condition in slip-and-fall case against public entity
12/12/24
By: Arielle E. Katz
In a recent ruling by the Superior Court of New Jersey’s Appellate Division, Henry v. Township of Cranford, 2024 WL 4799043 (N.J. App. Div. Nov. 15, 2024), the plaintiff Lois Henry’s slip-and-fall case against the …
Nevada Court of Appeals confirms NRCP 30(b)(6) deposition testimony may be used for any purpose
12/2/24
By: Derek R. Noack
In Hayes v. Watson et al, 140 Nev. Adv. Op. 55 (August 29, 2024), the Nevada Court of Appeals held that Nev. Rule of Civil Procedure (“NRCP”) 30(b)(6) corporate witness testimony (including video testimony) may be …