10/28/21
By: Tia J. Combs
Kentucky’s Farm Animals Activity Act (“FAAA”), KRS 247.401, et seq. acts to limit the liability of those engaged in farm animal activities by, inter alia, bars most claims by participants in farm animal activities …
Category: Tort and Catastrophic Loss
10/21/21
By: Daniel Wolcott
In Mildred Toomer in her capacity as Administrator of the Estate of Milton Mcbride v. Metro Ambulance Services, Inc., Georgia Court of Appeals Docket No. A22A0160, the Court of Appeals is going to decide the limits of …
Georgia Supreme Court upholds its stance on general personal jurisdiction… for now
10/1/21
By: Tyler S. Connor
For years, corporations throughout the United States were subject to broad general personal jurisdiction allowing plaintiffs to “forum shop” for a plaintiff-friendly jurisdiction. In Daimler AG v. Bauman, 517 U.S. 117 (2014), the United States Supreme Court limited …
9/20/21
By: Aaron Miller
The Supreme Court of Georgia on August 10, 2021 issued an opinion significantly limiting the apportionment statute in Georgia. The case, Alston & Bird, LLP v. Hatcher Management Holdings, LLC S20G1419, severely limits the situations in which …
Exculpatory clause in gym membership contract holds water in favorable NJ summary judgment ruling
9/15/21
By: Nicholas J. Hubner and William H Catto
The New Jersey Superior Court, Appellate Division, affirmed a favorable summary judgment ruling for the defendant Life Time Fitness, Inc. (“Life Time”) against plaintiff-gym-patron on plaintiff’s negligence claim, and refusal to grant …
PA Supreme Court weighs novel doctrine of enterprise liability
8/25/21
By: Sean Riley
In the case of Mortimer v. McCool, No. 37 MAP 2020 (Pa. July 21, 2021), the Pennsylvania Supreme Court addressed a doctrine of piercing the corporate veil previously novel to Pennsylvania law, known variously as “single-entity,” “enterprise,” or “horizontal” liability. The matter arose out of injuries sustained by the …
New Jersey Supreme Court Throws Support behind Ongoing Storm Rule (with Limited Exceptions)
7/9/21
By: Josh Ferguson and Michelle Yee
The New Jersey Supreme Court has re-affirmed Defendants’ ability to use the Ongoing Storm Rule to support the defense of a snow/ice slip and fall claim.
In Pareja v. Princeton International Properties, 463 N.J. …
Automobile Dealer Protection under the Connecticut Dealer Plate Statute, C.G.S. §14-60, Upheld
6/7/21
By: Edward Storck
In Kyle McCall v. Gina Sopneski, et al, 202 Conn. App. 616 (2021), the appellant, Kyle McCall, sought review of the trial court’s decision granting the Motion for Summary Judgment filed by appellee, Reynold’s Garage & …
6/4/21
By: Wayne Melnick and Carlos Fernandez
The COVID-19 pandemic slowed the roll of most, if not all, cases. Now that the brakes are being slowly eased-off, questions are arising about the Georgia Supreme Court’s Emergency Orders that extended the statute …
Georgia Legislature Extends COVID Liability Immunity While Courts Consider the Statute’s Protections
6/4/21
By: Sharon Horne
The COVID-19 Pandemic Business Safety Act, codified at O.C.G.A. §§ 51-16-1 to -5, went into effect on August 5, 2020, to provide immunity to healthcare facilities and providers, other businesses, and individuals from “COVID-19 liability claims” unless …
Superior Court Erodes Pennsylvania’s Fair Share Act
5/17/21
By: Erin Lamb
In 2011, Pennsylvania enacted the “Fair Share Act,” Senate Bill 1131. The bill substantially limited the applicability of joint and several liability in civil cases. There is no question that it was the goal of the legislature …
Determining Ownership In Premises Liability Cases
5/17/21
By: Brian Goldberg
There are fewer more important preliminary inquiries in a premises liability case than determining who owns the underlying land where a plaintiff was injured. Most of the time this is a simple inquiry. But sometimes disagreements may …