6/24/24
By: Nicole T. DuGan
The Pennsylvania Supreme Court granted an appeal in Freilich v. SEPTA. Freilich v. Se. Pennsylvania Transportation Auth., 302 A.3d 1261 (Pa. Commw. Ct. 2023), appeal granted, No. 245 EAL 2023, 2024 WL 1044586 …
Category: Tort and Catastrophic Loss
6/19/24
By: Yee S. Cheung
On January 19, 2024, the Texas Supreme Court held in HNMC, Inc. v. Chan et al. that a property owner is not liable for an accident occurring on an adjacent roadway when the owner does not …
6/18/24
Freight brokers across Texas and the country were delivered two significant recent wins in the Eastern and Southern Districts of Texas.
In the Eastern District case, Hamby, et al. v. Wilson, et al., a trucker, …
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 …