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 who was injured by an intoxicated …
Punitive damages are now permitted to be sought in Illinois wrongful death and survival actions
8/14/23
By: Jonathan Schwartz, Kingshuk K. Roy, and Donald Patrick Eckler
On August 11, 2023, Governor Pritzker signed HB 219, which amended 740 ILCS 180/1, 740 ILCS 180/2, and 755 ILCS 5/27-6, to allow punitive damages to be recoverable …
First Circuit Court of Appeals Weighs in on ADA “Tester” Standing Split
10/31/22
By: Alexandra Held and Jennifer Markowski
A panel for the First Circuit Court of Appeals ruled, in Laufer v. Acheson Hotels, LLC, 50 F.4th 259 (1st Cir. 2022), that a “tester plaintiff” has standing under Article III of the U.S. …
Outbreak!: Why insurance claims professionals should pay attention to Monkeypox
9/22/22
By: Glenn Klinger
Monkeypox was declared a national public health emergency by the U.S. Department of Health and Human Services on August 4, 2022, only the fifth time this has happened since 2009. As of September 20, 2022, the Centers …
Down It Goes! Illinois Prejudgment Interest Struck Down – What To Do Now
5/31/22
By: Jonathan Schwartz and Patrick Eckler
Judge Marcia Maras of the Circuit Court of Cook County struck down as violative of the Illinois state constitution, PA 102-0006, which permits prejudgment interest in personal injury and wrongful death cases. This ruling …
Important recent decision regarding personal jurisdiction over foreign corporations
1/24/22
By: Sean Phelan
In the recent Philadelphia County Court of Common Pleas matter, Knox v. Seven Seas Cruises, No. 525, August Term 2020 (C.P. Phila. Co. Aug. 21, 2021 New, J.), the trial court issued a Rule 1925 Opinion requesting …
First impression: California Court of Appeal finds no coverage for COVID-related Business Income loss
11/19/21
By: Marc J. Shrake and Mary-Kate Planchet
In the first COVID-19 Business Interruption case to reach the appellate level in California, the court used long-standing insurance principles to resolve the first-impression issue, finding against coverage.
The decision in The Inns …
New Jersey Supreme Court Throws Support behind Ongoing Storm Rule (with Limited Exceptions)
7/9/21
By: Josh Ferguson and Michelle Yee
The New Jersey Supreme Court has re-affirmed Defendants’ ability to use the Ongoing Storm Rule to support the defense of a snow/ice slip and fall claim.
In Pareja v. Princeton International Properties, 463 N.J. …
Nursing Homes at Highest Risk, States Respond
4/1/20
By: Shaun M. Daugherty
States across the country are taking every measure possible to fight the spreading deadly COVID-19. One of the most at-risk groups are the elderly, especially those with lengthy lists of other health problems. In those instances …
Federal Government Issues New CMS Guidance To Protect Nursing Home Residents From COVID-19
3/30/20
By: Kevin G. Kenneally, Michael P. Giunta and William E. Gildea
Nursing
home and skilled nursing facilities have been particularly hard hit by the
COVID-19 virus. The resident populations
are uniquely vulnerable and outbreaks in facilities nationwide have sparked
…
A Dog Walks Into a Bar with its Owner: Service Animals Welcome Accessories Please Leave at the Door
10/9/19
By: David Molinari
The Americans with Disabilities Act (ADA) provides people with disabilities equal access to employment, state and local government programs and goods and services. Businesses open to the public including hospitality venues must comply with the ADA and …
Connecticut Governor Signs Anti-Indemnity Law for Snow and Ice Management Contracts
7/23/19
By: Marc Finkel
Connecticut recently became the third state, joining Illinois and Colorado, to pass legislation prohibiting certain indemnity and hold harmless clauses within snow and ice management services contracts. An Act Concerning Snow and Ice Control Services Contracts (“the …