New Jersey moves closer to regulating litigation funding providers
11/21/24
By: David M. Hawkins
Third-party litigation funding is a largely unregulated multi-billion-dollar industry that finances lawsuits, usually personal injury lawsuits, in exchange for a pre-determined portion of any recovery or settlement. Critics argue that such funding often leads to hidden …
New Jersey’s ongoing storm rule does not include duty to pretreat
11/14/24
The Superior Court of New Jersey Appellate Division, recently affirmed summary judgment in favor of the defense in a slip and fall case involving analysis of the ongoing storm rule. Plaintiff filed suit against multiple parties, …
The significance of adhering to the business judgment rule
10/29/24
By: Rima Haggar
On October 16, 2024, in Tuli v. Specialty Surgical Center of Thousand Oaks, LLC, the California Court of Appeal affirmed a trial court decision finding that abandoning one’s fiduciary duties and dismissing the business judgment rule …
Reading the legal tea leaves: Development of qualified immunity in Kentucky
10/24/24
In Jones v. Lathram, the Kentucky Supreme Court set a bright-line rule related to qualified immunity for law enforcement officers. In that case, a State Trooper responded to an emergency call and entered a “blind” …
Kings County considers possible expansion of the zone of danger when it comes to family pets
10/23/24
An expansion of the “zone of danger” doctrine in New York is presently being considered by the Kings County Supreme Court, and whether one can maintain a cause of action for the negligent infliction of emotional …
10/21/24
On October 31, the Texas Supreme Court will review a certified question from the U.S. Fifth Circuit Court of Appeals regarding the bounds of negligent undertaking. The Texas Supreme Court will determine whether it is a …
A proposed shift for survivors: Proposing settlement to non-parties in wrongful death actions
10/8/24
By: Todd J. Murgo
In Florida, the application of Fla. Stat. § 768.79, which governs Proposals for Settlement, has been subject to ongoing judicial and legislative scrutiny. As recent as 2022, the legislature amended this statute to further impose specific …
In New Jersey, Tort Claims Act shields municipalities from implied duty to provide clean water
10/7/24
In combining appeals on two lower court cases, a recent New Jersey appellate decision in Cerkez, individually and on behalf of all other similarly situated, v. Gloucester City, et al., Docket No. A-0661023; A-0745-23, Superior Court …
Connecticut Appellate Court affirms “green means go”
10/1/24
By: Brayson S. Grant
This Appellate Decision arises out of a June 13, 2018 motor vehicle accident in Hartford, Connecticut. In Jose Sanchez v. City of Hartford, et al. (AC 46228), Plaintiff Jose Sanchez was entering an intersection on …
Illinois Supreme Court affirms expansion of damages recoverable under the Wrongful Death Act
9/30/24
By: Donald Patrick Eckler and Joshua W. Zhao
In Passafiume v. Jurak, 2024 IL 129761, the Illinois Supreme Court held that a plaintiff’s remarrying does not limit the plaintiff’s recovery for loss of financial support and material services in …
Pennsylvania contractors protected by hills and ridges doctrine
9/30/24
The Superior Court of Pennsylvania affirmed summary judgment in favor of the defense in a slip and fall case involving “dangerous, icy” conditions. Plaintiff filed suit against multiple parties, including the property owner/landlord, the property manager, …
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 …