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 …
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 …