Indiana personal injury plaintiff gets to have her cheddar biscuits and eat them too
6/12/24
By: Donald Patrick Eckler and Joshua W. Zhao
In Red Lobster Restaurants, LLC v. Fricke, No. 23S‐CT‐304, the Indiana Supreme Court held that omission of a lawsuit from a bankruptcy asset schedule does not deprive a plaintiff of standing. …
Can a one-million-dollar verdict be nominal? The Georgia Court of Appeals says yes
6/3/24
By: Breandan Cotter
In a recent opinion, Walmart Stores East, LP v. Leverette, the Georgia Court of Appeals upheld a $1,000,000 Gwinnett County Jury verdict based solely on an award of nominal damages, despite the jury having declined to award …
From mutual to mandatory – how Section 2016.090 changes the landscape for discovery
5/30/24
On January 1, 2024, an amendment to California Code of Civil Procedure section 2016.090 (“Section 2016.090”) came into effect that significantly changes how discovery is conducted. In the previous iteration of Section 2016.090, the parties to an …
5/23/24
By: Jessica Cauley
On April 12, 2024, Florida’s Fifth District Court of Appeal affirmed summary judgment for Wal-Mart in response to a patron’s negligence action which focuses on Wal-Mart’s legal duty to protect patrons from a fleeing shoplifter. Johnson v. …
The ripple effect in Florida wrongful death claims
5/16/24
By: Kyle M. Ridgeway
The Florida Supreme Court issued a significant ruling on May 9, 2024, in Ripple v. CBS Corporation, et al., No. SC2022-0597, 2024 WL 2066708 (Fla. 2024). The Court unanimously decided that a spouse who marries …
FMG helps drug rehabilitation facilities continue their critical work
5/9/24
By: Parisa Saleki
There’s a reason they call it “practicing law.” In a case of first impression in California, Freeman Mathis & Gary, LLP’s Paul Bigley and Parisa Saleki brought home a great verdict in a complicated and emotional case …
PFAS chemicals playing tough on turf fields
5/7/24
By: Joshua G. Ferguson, James M. Mathew, and Noël Couch
In September 2022, Boston’s mayor Michelle Wu ordered no new artificial turf to be installed in city parks. The commonplace surface used for recreational activities and field sports …
Poison poisson? Study finds high-levels of PFAS in seafood
5/6/24
By: Rory Hanrahan, James M. Mathew, and Joshua G. Ferguson
Coming off the heels of a new EPA regulation limiting their concentrations in public water systems, per- and polyfluoroalkyl substances, more commonly known as “PFAS” or “forever chemicals,” …
Hospital falls: When a general negligence claim slips into medical malpractice
4/17/24
By: LaShay L. Byrd and Kyle M. Virgin
Slip and fall accidents typically manifest as general negligence claims. However, a recent Kentucky Court of Appeals decision, Boston v. Commonwealth Health Corporation, Inc., No. 2023-CA-0583-MR, 2024 WL 1335987, at *5 …
EPA announces final National Primary Drinking Water Regulation for PFAS
4/11/24
By: James M. Mathew, David M. Harding, and Kevin M. Ringel
After working for over a year and reviewing 120,000 comments on the proposed rule, the EPA passed its final regulation regarding PFAS in drinking water. The Safe …
The Zombie Ferreira Conference: How complaint amendments can revive the requirement
4/10/24
On February 16, 2024, the New Jersey Appellate Court addressed a question of fairness, when it ruled that all defendant doctors should have been provided an opportunity for a conference to determine whether a patient …
Indiana Supreme Court refuses to recognize third-party claim for spoliation
4/8/24
By: Donald Patrick Eckler and Joshua W. Zhao
In Safeco Insurance Company of Indiana ex rel Smith v. Blue Sky Innovation Group, Inc., et al., No. 23S-CT-272, the Indiana Supreme Court rejected the request to create a third-party spoliation …