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 of filial …
Category: Tort and Catastrophic 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 of cell phone data. …
“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 contractor retains sufficient …
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 against the …
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 testimony) may be …
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 …