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 …
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 …
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 …
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 …
“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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …