7/29/24
By: Jonathan Dang and William A. Hadikusumo
On July 22, 2024, the California Supreme Court ruled in Downey v. City of Riverside (S280322) that a bystander could assert a claim for negligent infliction of …
Category: Tort and Catastrophic Loss
7/22/24
In a recent decision, the Ohio Supreme Court ruled that wrongful death claims against the utility, East Ohio Gas Company (“East Ohio”), were first required to be reviewed by the Public Utilities Commission …
Drug rehabilitation facilities – a public health necessity and nuisance?
7/18/24
By: Makayla C. Erazo
In Nadine Wylie, Administratrix (Estate of Keith Wylie) v. APT Foundation, Inc. (AC 46061), a Connecticut Appellate Court affirmed a trial court ruling that dismissed a public nuisance action against a drug rehabilitation …
Immunity from frivolous litigation sanctions? Not for public entities
6/24/24
By: Jenna N. Lofaro
The New Jersey Appellate Division recently issued an opinion settling previously undecided law. In Borough of Englewood Cliffs v. Trautner, the Court held that public entities are not immune from sanctions under the …
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 …
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 …
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., …
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 …
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 …
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 …
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 …
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 …