California Supreme Court clarifies economic loss rule
9/26/24
By: Joseph A. Gonnella and Alexander Tang
In a matter of first impression, the California Supreme Court in Rattagan v. Uber Technologies, Inc. recently answered a question previously left open in its economic loss rule jurisprudence: Whether a plaintiff may …
Illinois defendant’s case dismissed when plaintiff put cart before the horse
9/23/24
By: Donald Patrick Eckler and Madeline Krolczyk
In a world where the protection of personal jurisdiction eroded following the Mallory and Ford decisions from the Supreme Court of the United States, the Illinois Appellate Court, Fourth District in Odarczenko v. …
8/27/24
California’s Fourth Appellate District recently ordered that a critical opinion be published concerning clarifications to the collateral source rule. The appellate court heard arguments about an underlying auto v. auto action brought by Plaintiff David Audish. …
Georgia governor Brian Kemp recommits to tort reform
8/13/24
By: Jacob E. Daly
Georgia Governor Brian Kemp made waves at the Georgia Chamber of Commerce Congressional Luncheon in August 2023 when he announced that tort reform would be one of his top priorities during the 2024 session of the …
PA property owners: Beware of limitations to trivial defect defense
8/12/24
By: Meaghan Mahon
Although property owners have a duty to maintain their sidewalks in a safe condition, property owners are not responsible for trivial defects that exist in the sidewalk.
Pennsylvania courts have held that an elevation, depression, or irregularity …
Time-limitation provisions in residential lease agreements in Georgia
8/7/24
By: Jacob E. Daly
In 2019, the Georgia Supreme Court was asked to determine the validity of a provision in a residential lease agreement that limited the time during which the tenant of an apartment complex could sue the owner …
7/29/24
By: Jonathan Dang and William A. Hadikusumo
On July 22, 2024, the California Supreme Court ruled in Downey v. City of Riverside (S280322) that a bystander could assert a claim for negligent infliction of emotional distress (“NIED”) for a traumatic …
7/22/24
In a recent decision, the Ohio Supreme Court ruled that wrongful death claims against the utility, East Ohio Gas Company (“East Ohio”), were first required to be reviewed by the Public Utilities Commission of Ohio (PUCO) …
Drug rehabilitation facilities – a public health necessity and nuisance?
7/18/24
By: Makayla C. Erazo
In Nadine Wylie, Administratrix (Estate of Keith Wylie) v. APT Foundation, Inc. (AC 46061), a Connecticut Appellate Court affirmed a trial court ruling that dismissed a public nuisance action against a drug rehabilitation facility that …
Immunity from frivolous litigation sanctions? Not for public entities
6/24/24
By: Jenna N. Lofaro
The New Jersey Appellate Division recently issued an opinion settling previously undecided law. In Borough of Englewood Cliffs v. Trautner, the Court held that public entities are not immune from sanctions under the state’s Frivolous …
6/24/24
By: Nicole T. DuGan
The Pennsylvania Supreme Court granted an appeal in Freilich v. SEPTA. Freilich v. Se. Pennsylvania Transportation Auth., 302 A.3d 1261 (Pa. Commw. Ct. 2023), appeal granted, No. 245 EAL 2023, 2024 WL 1044586 …
6/19/24
By: Yee S. Cheung
On January 19, 2024, the Texas Supreme Court held in HNMC, Inc. v. Chan et al. that a property owner is not liable for an accident occurring on an adjacent roadway when the owner does not …