Pennsylvania premise liability: Jury fines bar $6.8M for ’07 drunk driving crash

08202010 West Palm Beach, FL, USA Tara Monks Tara Monks Philadelphia, PA A Coatesville restaurant was found liable by a Common Pleas Court jury for serving alcohol to an intoxicated man who later drove his car and severely injured a Chester County woman, as reported by The Philadelphia Enquirer. The jury awarded … View full [...]

Federal Circuit Applies Recent High Court Case to Find Successor Liability

The Federal Circuit has ruled that a defendant’s successor companies are liable for an $8 million default judgment in a patent infringement case. The panel rejected the district court’s decision to apply South Korean law concerning successor liability, ruling that New Jersey law should apply because Daewoo Electronics’ U.S. subsidiary has headquarters in New Jersey. [...]

No Coverage Is Afforded Under General Liability Provision, Panel Says

NEW ORLEANS – Because an insurer accepted coverage for a chlorine gas release under the policy’s pollution legal liability provision, the insured is not entitled to coverage under the policy’s general liability provision pursuant to the policy’s other coverages exclusion, the Fifth Circuit U.S. Court of Appeals said Aug. 24 (DPC Industries Inc. v. American [...]

3rd Circuit Panel Revives Product Liability Claims For Pesticide Crop Damage

PHILADELPHIA – A unanimous Third Circuit U.S. Court of Appeals panel revived the crop damage claims of a half-dozen New Jersey blueberry farmers on Aug. 10 by overturning a Federal Insecticide, Fungicide and Rodenticide Act preemption judgment for the manufacturer of an insecticide applied to their berry crop (Indian Brand Farms Inc., et al. v. [...]

Attorney Holds Banks Up to Liability for ATM Robberies

A Georgia attorney is on a mission to hold banks accountable for crimes committed at ATMs and night deposit boxes. He is relying largely on the Bank Protection Act of 1968, which requires banks to establish minimum security guidelines “to discourage robberies, burglaries and robberies.” That, he alleges, is not the case, as many ATMs [...]

Timing of Lawyer’s Thievery Saves Title Insurer From Liability to Buyers

A title insurance company will not be on the hook for money a lawyer stole from his clients because the misappropriation of funds took place well before the lawyer acted as the company’s agent, the New Jersey Supreme Court ruled on Monday. The timing problem allowed the court to avoid dealing with the thornier issue [...]

Why Do We Need a Bill Creating Social Host Liability?

The Consumer Attorneys of California along with other groups, including BISNAR CHASE, strongly support AB 2486 authored by Mike Feuer which will create “social host liability” for persons who knowingly serve alcohol to a minor. “Social host liability” means that someone who is a “social host,” not a person serving alcohol for money like a [...]

Insurer Denies Liability Under ‘Making Known’ Provision To 1st Circuit

Case: Cynosure Inc. v. St. Paul Fire and Marine Insurance Co., et al., No. 10-1119, 1st Cir. Appellants’ brief: Filed June 2 by StPaul Fire and Marine Insurance Coand StPaul Guardian Insurance CoBrief available 50-100729-001B Full story on lexis.com View full post on LexisNexis® Mealey’s™ Legal News

Pa. Court Imposes Corporate Liability Upon Nursing Homes

A unanimous Pennsylvania Superior Court panel has ruled that a nursing home can be held corporately liable for its actions. Writing that such liability is already imposed on hospitals, health maintenance organizations and medical professional corporations, the panel held that nursing homes were similar to those organizations in that they provide “comprehensive and continual physical [...]

Vicarious Liability in Anesthesia Malpractice – Florida Experience

Sean Reth underwent surgery at Ellis Memorial hospital in Tarpon Springs, FL. In March of 2006 and died on the third postoperative day allegedly from global cerebral ischemia and intraoperative cardiac arrest. View full post on Injury Law News RSS feed

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