Bourbon and bar fights: an overview of Kentucky’s Dram Shop statute in assault cases
3/7/24
By: Austin Anderson and Curt M. Graham
In 1988, Kentucky enacted its “Dram Shop” statute. The law, codified at KRS 413.241, states that no licensed seller of alcohol shall be liable to a person …
Tort reform: impact of HB 837 on jury instructions
3/5/24
Governor Ron DeSantis signed Senate Bill 2-A into law in December 2022, followed by his signing of HB 837 on March 24, 2023. One of the many features of this tort reform …
Yield rational results: Texas’s attempt to rein in nuclear verdicts
3/4/24
By: Gabriel Canto and Tim Soefje
Last year, the Texas Supreme Court in Gregory v. Chohan1 dropped a hammer on “unsubstantiated anchoring,” the plaintiff tactic of putting big numbers, often seemingly pulled out …
2/20/24
By: Donald Patrick Eckler and A. Mark O’Danovich
In Phillips v. Havenar, 2024 IL App. (4th) 230204-U, the Illinois Appellate Court provided a detailed discussion of plaintiffs’ failure to comply with numerous evidentiary and discovery …
2/15/24
By: Donald Patrick Eckler and Joshua W. Zhao
In WEOC, Inc. v. Niebauer ex rel Estate of Blount, No. 23S-CT-184 (2024), as an issue of first impression, the Indiana Supreme Court considered whether common-law …
A new concern for drug-makers emerges: “Pipeline Liability”
2/13/24
California Court of Appeal decision finds pharmaceutical companies owe their customers a duty to move safer alternatives to existing drugs through the development pipeline.
In the 1980s, an HIV/AIDS diagnosis was widely seen …
12/4/23
By: Kevin G. Kenneally, David Harding and Christina Morgan
“Seldom is so ambitious a case filed on so slight a basis.”
–U.S. Court of Appeals for the Sixth Circuit
On November …
11/29/23
The Statute of Repose is a viable defense in cases dealing with construction defects in Pennsylvania. It limits the liability of builders for defects by barring suits filed 12 years from the date …
Understanding CMS regulations: navigating Medicare secondary payer reporting requirements
10/30/23
The Centers for Medicare & Medicaid Services (CMS) have finalized regulations that shed light on how it will handle civil money penalties for violations of the Medicare Secondary Payer (MSP) reporting requirements. The new …
Slippery Conditions in Pennsylvania Defense Slip and Fall Negligence Case
9/27/23
By: Nicholas Hubner
In a recent ruling this month, the Superior Court of Pennsylvania affirmed summary judgment in favor of the defense in a slip and fall case involving “generally slippery” conditions. Plaintiff filed suit against the defendant property …
Supreme Court of Georgia affirms decision that cap on punitive damages is constitutional
9/26/23
By: Michelle Yee and Sean R. Riley
In a recent decision, Taylor v. Devereux Found., Inc., 316 Ga. 44, 92, 885 S.E.2d 671, 707 (2023), the Supreme Court of Georgia ruled that a statutory …
Nuclear Verdict Largest Ever in the State of Ohio
9/7/23
By: Doug Holthus and Ashley Hetzel
A Columbus, Ohio family was recently awarded $787M by a federal trial court jury following the death of the family’s 2-year-old son in 2018.
On May 22, 2018, the 2-year-old was playing with his …