Podcast - Ohio State Senator Has a Bone to Pick with Court Ruling on Boneless Wings
Bar Exam Toolbox Podcast Episode 247: Listen and Learn -- Negligence: Factual Causation
Law School Toolbox Podcast Episode 382: Listen and Learn -- Negligence: Proximate Cause
Hinshaw Insurance Law TV – Cybersecurity Part Two: The Rise in Cyber Negligence Cases
Law School Toolbox Podcast Episode 347: Listen and Learn -- Assumption of Risk (Torts)
Cyberside Chats - Zero Trust and Cyber Negligence: A conversation with Dr. Zero Trust Chase Cunningham
Law School Toolbox Podcast Episode 319: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land
Law School Toolbox Podcast Episode 318: Listen and Learn -- Negligence: Duties of Professionals and Children
Bar Exam Toolbox Podcast Episode 149: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land
Bar Exam Toolbox Podcast Episode 147: Listen and Learn -- Negligence: Duties of Professionals and Children
The Risk of Personal Injury Claims from COVID-19 and What to Do About It
The Year Ahead: Litigation Hot Spots at a Glance
COVID-19 in the Workplace - PPP Update, COVID Plans from the Biden Transition Team, Higher Education Relief Package Provision, COVID WARN Act Developments
Bar Exam Toolbox Podcast Episode 107: Listen and Learn -- Assumption of Risk (Torts)
Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies
Personal Jurisdiction Part 2: The Ford Cases [More With McGlinchey Ep. 8]
Law School Toolbox Podcast Episode 257: Listen and Learn -- The "Reasonable Person" Standard
Bar Exam Toolbox Podcast Episode 97: Listen and Learn -- The Reasonable Person Standard
Blakes Continuity Podcast: Life Sciences: Liability and Immunity During COVID-19
Law School Toolbox Podcast Episode 244: Listen and Learn -- Negligence Per Se
The insured admittedly punched and threw the claimant to the ground, but the insured maintained during her plea for reckless assault in criminal court that the claimant was the aggressor, she acted in self-defense, and that...more
The Appellate Division of the State of New York, First Department recently reversed a lower court decision, holding that a subcontractor did not owe a duty of care to a plaintiff working on a jobsite and therefore, determined...more
Most jurisdictions, at least in theory, permit insureds to recover extra-contractual payments/judgments from their insurers under bad faith or negligence theories. Jurisdictions are less uniform on whether or under what...more
Dwyer v. Ameriprise Financial, No. 2 WAP 2023 (Pa. April 25, 2024) (Op. by Wecht, J.) (Brobson, J., Concurring and Dissenting) - Following a jury trial, the plaintiffs were awarded punitive damages against their life...more
When someone you love dies in an auto crash, it is a terrible tragedy. When the accident was caused by the actions of a negligent driver, Florida law allows family members to recover compensation for their loss by filing a...more
Eleventh Circuit Judicially Estops Claimant From Recovering Intentional Tort Judgment Under Errors and Omission Liability Policy - In a rarely seen application of the judicial estoppel doctrine in the third-party coverage...more
The start of 2024 marked the end of an insurance era in Oregon. On December 29, 2023—the last Friday before the new year—the Oregon Supreme Court issued its much-anticipated decision in Moody v. Oregon Community Credit Union,...more
The parent of an infant sued Kim Eichle for Eichle’s alleged negligence in serving alcohol to her houseguest, Jacob Russo, who allegedly assaulted the infant, and for negligence in failing to keep the sidewalk at her...more
Most pandemic-related businesses interruption insurance claims failed because policyholders could not show a direct physical loss. But some California courts issued conflicting decisions. The California Supreme Court has now...more
In most states, drivers must have automobile liability coverage to pay damages caused by a driver's negligence. Failure to do so can result in fines and denial of registration. According to the Insurance Information Institute...more
The Superior Court of Delaware, applying Delaware law, has dismissed two lawsuits filed by nine insurance companies seeking to recover amounts they paid under cyber liability policies from a software company whose customers...more
On April 22, 2024, Governor Kemp signed into law Senate Bill 83, overhauling Georgia’s statute governing pre-suit time-limited demands (TLD) in auto wreck cases, O.C.G.A. § 9-11-67.1. The amendment aims to reduce or eliminate...more
Although a construction manager’s scheduling and liaison responsibilities do not require specialized training, such tasks may be sufficiently related to the actor’s other roles to be excluded from coverage under a liability...more
In Country Mutual Ins. Co. v. Gary Gang Xu et al., 2024 IL App 2202287 (2024), the court considered whether allegations concerning sex trafficking against an insured—including one sounding in negligence—constituted an...more
Faircloth arose from a November 2014 motor vehicle accident involving a 20-year-old driver who was served alcohol at Potbelly’s bar and an 18-year-old pedestrian who was served alcohol at Cantina 101. The guardianship for the...more
Each state has its own specific set of car insurance laws laying out certain requirements for its residents. In 2023, North Carolina passed notable legislative changes to the State’s car insurance laws, increasing the minimum...more
Automobile negligence carries significant consequences for many of its victims and their families. The California Office of Traffic Safety reported nearly 4,300 people died in 2021 in auto accidents. According to the U.S....more
Several years ago, I published a blog regarding the number of occurrences triggered under a liability policy for a motor vehicle accident in Florida. Other states also addressed this issue. Recently, the Federal District...more
Lewicki v. Grange Ins. Co., 8th Dist. Cuyahoga No. 112705, 2023-Ohio-4544 - The Eighth District Court of Appeals dismissed this complaint that alleged negligence and bad faith against an insurer and an agent after a...more
Insurance brokers are usually sued when their customers find themselves without the necessary insurance to protect themselves from suit or damages. While brokers can face liability in certain scenarios, they have defenses...more
Key Points: A defendant’s violation of its own policies and procedures does not establish a standard of care for the industry. The order of a new trial was improper and the trial court’s prior order for directed verdict and...more
In Donegal Mut. Ins. Co. v. Thangavel, No. 379, 2022, 2023 Del. LEXIS 227, the Supreme Court of Delaware (Supreme Court) considered whether the Sutton Rule prevented the plaintiff from pursuing subrogation against the...more
An Illinois Appellate Court has ruled that an insurer had no duty to defend an insured in connection with a lawsuit arising out of criminal sexual misconduct charges even though the lawsuit contained negligence claims. Prof’l...more
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •A trial court in New York has dismissed a negligence action against a title company brought by a developer, ruling...more
Courts took up some interesting insurance questions this past month. Here’s some we address in our June Insurance Update. When a government sponsored cyberattack infects computers worldwide, does the war exclusion apply? ...more