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 …
Category: Tort and Catastrophic Loss
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 …
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; …
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 …
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 …
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, …
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 …
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 …
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 …
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 …
PA property owners: Beware of limitations to trivial defect defense
8/12/24
By: Meaghan Mahon
Although property owners have a duty to maintain their sidewalks in a safe condition, property owners are not responsible for trivial defects that exist in the sidewalk.
Pennsylvania courts have held that an elevation, …
Time-limitation provisions in residential lease agreements in Georgia
8/7/24
By: Jacob E. Daly
In 2019, the Georgia Supreme Court was asked to determine the validity of a provision in a residential lease agreement that limited the time during which the tenant of an apartment complex could …