COVID afflicted cases have incubated long enough
2/10/22
By: Wayne S. Melnick and Carlos Fernández
Recently, we examined one of the first rulings about the Georgia Supreme Court’s Emergency Orders and their effect on a case’s statute of limitations. In Owens, the Middle District of Georgia …
1/28/22
By: Paul Piantino III, Esq., Kaitlyn Grajek, Esq. and Julia Bover, Esq.
On December 31, 2021, New York Governor Kathy Hochul signed into law the Comprehensive Insurance Disclosure Act, (the “Act”). It takes effect immediately and applies to …
1/27/22
By: Cara Crecelius
Gallardo v. Marstiller was argued before the Supreme Court of the United States on January 10, 2022. The issue presented was whether the state of Florida’s Medicaid Agency was entitled to part of a settlement for …
New Jersey institutes new private cause of action for bad faith in UM/UIM claims
1/26/22
By: Megan P. Gable
On January 18, 2022 Governor Murphy signed into effect senate bill S1559, The New Jersey Insurance Fair Conduct Act (“IFCA”), instituting a private cause of action against insurance companies for possible extracontractual liability in the handling …
1/13/22
In the recent decision entitled Doe v. Hopkinton Public Schools, the U.S. Court of Appeals for the First Circuit rejected students’ contention that posting abusive and embarrassing video of another student online was protected speech. …
Purdue Pharma has potential to upend common channeling-and-release practice in bankruptcy courts
1/4/22
By: Travis Knobbe
For the most part, the nuances of bankruptcy law go unnoticed by our colleagues who do not frequent the bankruptcy courts. Some issues we deal with, however, have broad application to the practice of law generally. Consider, …
It just became more difficult for plaintiffs to scream ‘Counter-Offer’
12/13/21
By: Matthew S. Jones
The California Court of Appeal for the Sixth Appellate District recently analyzed the issue of an agreed upon amount of a settlement and memorializing the settlement terms. In the case CSAA Ins. Exchange v. Hodroj (2021) …
Will a California Court’s ruling on an Anti-SLAPP Motion arising from a revenge-porn case stand?
12/10/21
By: Parisa Saleki
In 2017, when Kathryn Hill announced her candidacy for the United States House of Representatives for California’s 25th congressional district, the talk of the town was whether she could beat incumbent representative Steven Knight. In 2018, the …
12/9/21
In Zoll Medical Corp. v. Barracuda Networks, Inc., et al, United States District Court, District of Massachusetts Civil Action No. 20-11997-NMG, (D. Mass. Sept. 21, 2021) (Gorton, J) (“Zoll”), Plaintiff Zoll Medical Corp. (“Zoll Medical”) sued a third-party IT vendor over …
Animals at large – or, when the cows don’t come home
12/8/21
By: D. Jeffrey Grate
Imagine you are the owner of a farm in rural Georgia and were awakened by the knock on your door by a deputy sheriff who advised you that one of your cows had caused a motor …
Proposed amendments to Federal Rule of Evidence 702
11/2/21
By: Jacob E. Daly
The federal judiciary’s Advisory Committee on Evidence Rules has proposed two significant amendments to Rule 702 of the Federal Rules of Evidence, which governs the admissibility of expert testimony. These amendments would change Rule 702 as follows (additions are …
10/28/21
By: Tia J. Combs
Kentucky’s Farm Animals Activity Act (“FAAA”), KRS 247.401, et seq. acts to limit the liability of those engaged in farm animal activities by, inter alia, bars most claims by participants in farm animal activities …