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The Long Arm of the Law In Ohio
The Ohio Supreme Court recently held that an Ohio court could exercise personal jurisdiction over a nonresident who allegedly defamed an Ohio corporation via the Internet even though the nonresident...
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Challenges to Judicial Independence Highlighted in DRI’s Judicial Task Force...
DRI’s Judicial Task Force recently issued its report, Without Fear or Favor in 2011, which comprehensively addresses various challenges to judicial independence and threats to the fairness of our...
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SUPREME COURT TIGHTENS §1983 LIABILITY FOR FAILING TO TRAIN GOVERNMENTAL...
Connick v. Thompson, 2011 U.S. LEXIS 2594 (U.S. March 29, 2011).Introduction. In Connick v. Thompson, the Supreme Court tightened the liability standards for §1983 claims involving the alleged failure...
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California Block Expansion of Product Liability Law
The California Supreme Court has blocked an expansion of product liability law in a major decision that provides guidance for other courts facing similar questions and follows a growing trend in this...
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Alabama Legislative Update: Prompt Payment Act and Statute of Repose
In its 2011 legislative session, the Alabama Legislature made significant changes affecting the construction industry, specifically relating to the Prompt Payment Act and the Statute of Repose. This...
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California Supreme Court Rules Witness Statements Procured by Attorney...
On June 25, 2012, the California Supreme Court set forth new rules regarding the discoverability of witness statements in Coito v. Superior Court of Stanislaus County, No. S181712 (Cal. 2012). The...
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The Little State That Generates Big Claims
For all of its diminutive stature, Rhode Island has proven over the years that it can punch outside of its weight class when it comes to generating large environmental liability disputes and the...
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Amount Paid for Medical Treatment Admitted in Nevada Under Limited Circumstances
Extra! Extra!On June 28, 2012 the Supreme Court of Nevada changed the calculation of medical damages in personal injury suits. Tri-County Equipment & Leasing v. Klinke involved a woman/employee...
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Major Decision on Subject Matter Waiver Doctrine
In a major decision concerning privilege waiver, the Illinois Supreme Court, in Center Partners, LTD v. Growth Head GP, LLC, ruled that the subject matter waiver doctrine does not apply to privileged...
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Too Hot for the Job?
Last week, the Iowa Supreme Court answered the following question:"Can a male employer terminate a female employee because the employer's wife, due to no fault of the employee, is concerned about the...
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Design Professionals Owe a Duty of Care to Third Party Purchasers of...
On December 13, 2012, the Court of Appeals for the First District filed its opinion in Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP et al. (No. A134542.) The decision...
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GEORGIA GENERAL ASSEMBLY TAKES ON HOLT - YET AGAIN!
In almost every case that crosses our desks these days, plaintiffs make an offer of settlement and set a time limit for acceptance, striking fear in the heart of my clients who then ask: will a court...
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Disclosing Material Errors to Opposing Counsel
Does an Attorney Have a Duty to Disclose to Opposing Counsel a Material Error in a Contract?Does an attorney have a duty to disclose to opposing counsel a material error in contract language or a...
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Vermont Supreme Court Makes Radical Change to Premises Liability Law
In a significant decision issued on Friday, July 18, 2014, involving a retail store, the Vermont Supreme Court has abolished the old premises liability distinction between “business invitees” (i.e.,...
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