News & Analysis as of

Emotional Distress Damages Negligence

Mitchell, Williams, Selig, Gates & Woodyard,...

Mold: Homebuyer Files Action Alleging Breach of Warranty/Negligence in Circuit Court of Garland County, Arkansas

Georgia Lawrence (“Lawrence”) filed a September 20th Complaint in the Circuit Court of Garland County, Arkansas against Strategic Home Inspection, LLC (“SHI”) and Hamilton Wilson (“Wilson”) alleging certain causes of action...more

Haight Brown & Bonesteel LLP

Can a Close Relative Who Hears a Car Crash on the Phone Sue for Negligent Infliction of Emotional Distress? California Supreme...

The California Supreme Court’s decision this week in Downey v. City of Riverside, et al. ruled that such a claim did exist, expanding the contemporaneous zone of awareness for a Plaintiff to successfully recover for negligent...more

Cozen O'Connor

A New Era for Extra-Contractual Damages in Oregon - What We Know and What We Are Learning Six Months Since Moody

Cozen O'Connor on

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

Tucker Arensberg, P.C.

Student Cannot Claim Damages for Emotional Distress or Negligence Arising from Hazing

Michael Reed V. Mount Carmel Area School District, Et Al., Case No. 4:23-Cv-00890 (M.d. Pa., October 3, 2023) U.S. District Court dismissed claims against School District for emotional distress under Title IX and for...more

Manatt, Phelps & Phillips, LLP

Communications Decency Act Does Not Bar Claims Against Social Media Companies Due To Mass Shooting

A New York State trial court has held, in Patterson et al. v. Meta Platforms, Inc. et al., that the Communications Decency Act (CDA) does not preclude, as a matter of law, claims asserted against various social media...more

Fisher Phillips

Florida’s Tort Reform Will Have an Impact on Employment Litigation – 5 Takeaways for Employers

Fisher Phillips on

Florida Governor Ron DeSantis and state lawmakers recently enacted significant tort reforms designed to restrict plaintiffs pursuing negligence claims – but which could give an unexpected boost to those pursuing costly...more

Miles Mediation & Arbitration

The $500 Million Dog: Navigating the Legal Space Between Pet and Property

In your most recent Netflix search, you may have paused to preview “Gunther’s Millions,” a mini-series about the $500 million dog. The series tells the story of Gunther, a German Shepard regarded as the world’s richest dog...more

Goldberg Segalla

New York State Legislature Passes Bill That Will Expand Wrongful Death Damages

Goldberg Segalla on

Key Takeaways - A bill known as the Grieving Families Act has been passed by both chambers of the New York legislature and is awaiting Gov. Kathy Hochul’s signature. If signed into law it will become effective...more

Rumberger | Kirk

Lawsuit Against Rodeway Inn Hotel Serves as Reminder to Hotel Industry of Importance of Premises Safety

Rumberger | Kirk on

A newly-filed negligent security lawsuit in Miami-Dade County — NN and Ma vs. O.J.A. Development Company, Supra Security, Inc. and Travon Smith – raises a series of liability-related issues amidst a backdrop of especially...more

NAM (National Arbitration and Mediation)

The Proposed “Grieving Families Act” And The Right To Recover Damages

In the 2020 session, the New York Legislature considered changes in what has come to be known as the “Grieving Families Act.” This evolving tort law with respect to a bystander's right to recover for emotional damages...more

Michigan Auto Law

Types of Mental Health Conditions After a Crash

Michigan Auto Law on

A person’s response to the distressing and disturbing nature of a crash can result in feeling a loss of control, helplessness, pain, confusion, loss of sense of self and self-worth, and an inability to cope. Injuries may...more

Cozen O'Connor

A Win for the Cruise Industry Regarding “Emotional Distress” Claims

Cozen O'Connor on

Class actions arising from exposure to COVID-19 against the cruise industry continue to multiply, including a new class action filed on July 14, 2020, against Princess Cruise Lines, Ltd. and Carnival Corporation in federal...more

Cozen O'Connor

More Troubled Waters for the Cruise Industry

Cozen O'Connor on

In our previous Alert, we discussed the first of what would be no doubt a tsunami of lawsuits against cruise lines for various physical and emotional damages as a result of the COVID-19 pandemic....more

Hinshaw & Culbertson - Insights for Insurers

Appellate Court Rules Insurers Have Duty to Defend Illinois Biometric Privacy Claim

An Illinois state appellate court recently ruled that a customer's biometric privacy class action claims against an insured tanning salon potentially fell within two insurer's personal injury coverage. See, West Bend Mutual...more

Cozen O'Connor

Rough Seas for the Cruise Industry

Cozen O'Connor on

In what is no doubt the beginning of a tsunami of lawsuits (pun intended) against the cruise industry arising from the coronavirus pandemic what we understand to be the first lawsuit against Princess Cruise Lines has recently...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: Husband and wife defendants were related to the husband and wife plaintiffs. The defendants were convinced the plaintiff husband (a state trooper) was abusing his wife, despite her...more

Davis Wright Tremaine LLP

Rehitching the Horse: Oregon Court of Appeals Adjusts the Anti-SLAPP Cart

Although Oregon is in its 15th year of anti-SLAPP litigation under a decidedly robust statute, no Oregon appellate court had ruled on how to decide when Oregon’s anti-SLAPP statute applies until the recent decision in Mullen...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

Appellate Court Advance Release Opinions - AC36506 - Sidorova v. East Lyme Board of Education - Due to budget cuts, the Board of Education laid off the plaintiff who was a tenured French teacher. She sued for...more

Holland & Knight LLP

Court Reaffirms Preemptive Effect of Statute Protecting Aircraft Lessors

Holland & Knight LLP on

The District Court for the Northern Mariana Islands has reaffirmed the proposition that an aircraft lessor is shielded from liability for injuries to persons on board an accident aircraft when the lessor is not in possession...more

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