United States: Professional Negligence

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Texas Supreme Court Clarifies Proximate Cause In A Catastrophic Highway Accident – Werner Enterprises, Inc. v. Blake

On June 27, 2025, the Texas Supreme Court issued its opinion in Werner Enterprises, Inc. v. Blake, No. 23-0493, providing significant guidance on the doctrine of proximate...

United States Litigation

CT

Cowles & Thompson, PC

Massage Facility Franchisor Has No Liability To Sexual Assault Victim Of Franchisee's Employee – Texas Supreme Court Rules

On May 2, 2025, the Texas Supreme Court, in a per curiam opinion in Massage Heights Franchising, LLC v. Danette Hagman, reversed a Houston Fourteenth Court of Appeals decision in part...

United States Litigation

CT

Cowles & Thompson, PC

The Double-Edged Sword Of Chapter 93A, Section 11 In Massachusetts Business Litigation

One of the most potent tools in Massachusetts commercial litigation is Chapter 93A, § 11 of the Massachusetts General Laws. Designed to deter "unfair" or "deceptive" conduct...

United States Litigation

NM

Nelson Mullins Riley & Scarborough LLP

The Evolving Landscape Of Kitchen Countertop Silicosis Litigation In The U.S.

Silicosis cases are making a comeback in toxic tort litigation. Engineered quartz stone is designed with over 90% crystalline silica content, and just ask your neighbor with the new house-it is very popular.

United States Litigation

DK

Deutsch Kerrigan

Are Automakers Liable For Crime-Driven Costs? Ninth Circuit Certifies Question To New York High Court

United States Litigation

D

Dechert

Take-Aways From Accountants' Liability 2025 Conference: Navigating The Changing Regulatory Landscape And Risks From Emerging Technologies

United States Litigation

SH

Stites & Harbison PLLC

With The Exception Of Handling Concursus Proceedings, State Courts Should Be Deemed To Have Jurisdiction To Adjudicate All Limitation Of Liability Issues Under The Shipowner's Limitation Of Liability Act

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

LITIGATION UPDATE: Actual Responsibility And Substantial Factor Causation In The Wake Of Werner v. Blake: A Win For Commercial Drivers And Their Employers

United States Litigation

KR

Kane Russell Coleman Logan

Defending Under A Reservation Of Rights: Practical Insights For Insurers From The US

United States Insurance

AA

Adams & Adams

By Any Other Name: Rules Limiting Alternative Pleading In Professional Liability Actions

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

What Can Happen When The Failure To Provide Discovery Crosses The Line? - New Jersey Law Journal

United States Litigation

PB

Porzio, Bromberg & Newman

New Louisiana State Legislation Rolls Back Advantages Long Afforded To Personal Injury Claimants

United States Litigation

JW

Jones Walker

Walters v. OpenAI, L.L.C.

United States Litigation

LL

Loeb & Loeb LLP

Driving Change: How Litigation Against Amazon Is Making Our Roads Safer

United States Litigation

WL

Walkup, Melodia, Kelly & Schoenberger

Protectionism Or Free Trade?

United States International

BG

Braumiller Law Group, PLLC

Analysis Of The 2025 Federal Tax Changes Under The "One Big Beautiful Bill" Legislation

B

BakerHostetler

Blockchain 2025 - Trends And Developments

United States Technology

WS

Winston & Strawn LLP

Workplace Violence: Why Employers Can't Afford To Ignore The Warning Signs

United States Employment

OK

Offit Kurman

2025 Trade Policy Agenda Provides Rationale For Trump Tariff Actions

United States International

BG

Braumiller Law Group, PLLC

Minnesota Supreme Court Upholds Enforceability Of Contract Release Language Against Negligence Claims

The Minnesota Supreme Court issued an important decision this week about the enforceability of contract release language. Lund v. Calhoun Orange, Inc., ___ N.W.3d __, 2025 WL 1450213 (Minn. May 21, 2025).

United States Litigation

GT

Greenberg Traurig, LLP

Understanding Your Rights: When Can You Sue Your HOA?

Homeowners Associations (HOAs) play a pivotal role in maintaining the quality and value of residential communities. They are responsible for enforcing community rules, managing shared amenities...

United States Litigation

LS

LS Carlson Law

Update Your Construction Contract! Massachusetts Supreme Judicial Court Holds That Breach Of Contractual Indemnity Provision Is Not Barred By The Statute Of Repose

Under the Massachusetts statute of repose, tort claims involving improvements to real estate generally must be initiated within six years of the improvement's opening to use.

United States Real Estate

CK

Conn Kavanaugh Rosenthal Peisch & Ford

Florida Legislature Ends 35-Year Ban On Lawsuits For Certain Wrongful Deaths Caused By Medical Malpractice

Lawmakers in the House and Senate of the state of Florida have agreed to end what many refer to as Florida's "free kill" law. Enacted in 1990...

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Enforceable Pre-Injury Release-of-Liability Forms: Peace Of Mind For Commercial Landlords

United States Litigation

TC

Thompson Coburn LLP

California Supreme Court Nixes Certain Contractual Limitation On Damages

United States Media & IT

JM

Jeffer Mangels Butler & Mitchell LLP

California Supreme Court Holds Contractual Limitation Of Liability Provisions Cannot Limit Damages For Willful Injury

United States Litigation

SJ

Steptoe LLP

Recall Litigation Report: Trends In 2024 Continue Into 2025

United States Litigation

CM

Crowell & Moring LLP

Georgia Tort Reform Act: Changes And Implications

United States Litigation

PD

Phelps Dunbar LLP

When Is Negligence Gross? Understanding Indemnification Provisions In Hotel Management Agreements

United States Media & IT

PC

Pryor Cashman LLP

2024 Year In Review: Data Breach Litigation

United States Privacy

W

WilmerHale

Strict Liability vs. Negligence In B2B Product Liability Cases: What Every Business Needs To Know

United States Consumer

AL

Ayala Law

BioZorb And The Power Of Causation: Why Warnings Don't Always Matter

United States Litigation

WS

Winston & Strawn LLP

#MeToo: Can Non-Employees Bring Employment Law Claims Against Employers?

United States Employment

LM

Littler Mendelson

2024 Year In Review: Data Breach Litigation

One of the main risks for a company in the event of a data breach is the threat of litigation. Data breach litigation continued to proliferate in 2024, as it has in prior years.

United States Privacy

W

WilmerHale

Strict Liability vs. Negligence In B2B Product Liability Cases: What Every Business Needs To Know

When a business sells, distributes, or uses a product, the last thing it wants is to be caught in a costly legal battle over product liability. However, when products cause harm or financial loss...

United States Consumer

AL

Ayala Law

BioZorb And The Power Of Causation: Why Warnings Don't Always Matter

In the ongoing litigation involving the BioZorb device, the U.S. District Court for the District of Massachusetts recently ruled on defendant-manufacturer Hologic's motion for summary judgment in the case of In re BioZorb Device Products Liability Litigation.

United States Litigation

WS

Winston & Strawn LLP

#MeToo: Can Non-Employees Bring Employment Law Claims Against Employers?

Last week attorneys for Creative Actors Agency (CAA), Miramax and Disney delivered oral argument in their appeal to try to prevent actor Julia Ormond's negligence claims from moving forward in New York State Court.

United States Employment

LM

Littler Mendelson

Second Circuit: Rule 37 Sanctions Require 'Intent To Deprive' For Lost ESI, Not Mere Negligence

United States Litigation

GT

Greenberg Traurig, LLP

Business Negligence: What Every Business Owner Needs To Know Before It&'s Too Late

As a business attorney, I've seen countless companies face terrible consequences from what started as simple oversights.

United States Litigation

MB

Michael Best

Safeguard Your Business Against Slip And Fall Incidents And Personal Injury Lawsuits

Brick-and-mortar business and property owners carry liability when it comes to the safety of their employees, tenants, customers, and just about anyone who sets foot on their property.

United States Litigation

FL

Fitzpatrick Lentz & Bubba

No Coverage Under Primary Policy For Potential Claim Reported During Extended Reporting Period Or Under Excess Policy Based On Applicability Of "Retroactive Date" Exclusion

The United States District Court for the Eastern District of Michigan, applying Michigan law, granted a primary insurer's motion to dismiss, determining that a professional liability policy required potential claims to be reported during the policy period, and not during the policy's extended reporting period.

United States Insurance

WR

Wiley Rein

Responding To Subpoenas

Being served with a third-party subpoena is an unwelcome event. In a best-case scenario, it presents a hassle. Failing to comply with one's legal obligations regarding the subpoena can result in a finding of contempt and court-imposed sanctions...

United States Litigation

MM

McLane Middleton, Professional Association

Final 2025 CMS Physician Fee Schedule Rule Includes Changes To Medicare Overpayment Standard

United States Healthcare

RS

Reed Smith

Construction Professionals Could Face More Liability Exposure Following California Appellate Ruling

United States Real Estate

LB

Lewis Brisbois Bisgaard & Smith LLP

Oregon Supreme Court Decides Dram Shop Statute Is Partially Constitutional

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Southern District Of Texas Re-affirms FAAAA Preemption Of State Law Negligence Claims Against Transportation Brokers

United States Transport

LB

Lewis Brisbois Bisgaard & Smith LLP

A Primer On The Graves Amendment

United States Transport

LB

Lewis Brisbois Bisgaard & Smith LLP

Independent Counsel Issues In Trucking Cases

United States Insurance

LB

Lewis Brisbois Bisgaard & Smith LLP

Nuclear Verdict In Denver Highlights Increased Risk At Trial For Employers Of Non-CDL Drivers

United States Litigation

LB

Lewis Brisbois Bisgaard & Smith LLP

New York's Clean Slate Act Requires Employers To Update Background Check Processes

United States Employment

M

Mintz

PCAOB Change To Auditor Liability Standard For Individuals Becomes Effective

United States Accounting

CG

Cahill Gordon & Reindel LLP

Illinois Health Care Facilities Immune From Ordinary Negligence Liability For Care Provided While Assisting The State During COVID-19 Pandemic

United States Healthcare

ML

Much Law

Product Liability Update – October 2024

United States Consumer

FH

Foley Hoag LLP

Who Is Responsible For That Fallen Tree?

United States Real Estate

Wa

Ward and Smith, P.A.

Federal Court Holds Indemnification Provision In Master Service Contract Void Under Colorado Law

United States Real Estate

DG

Davis Graham

Confidential Settlement In Wrongful Death Case – Failure To Refer Patient For Appropriate Tests To Diagnose Pulmonary Embolism

United States Litigation

SR

Shulman Rogers

CAS Legal Mailbag – 10/10/24

United States Consumer

SG

Shipman & Goodwin LLP

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Latest Videos

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Printable Step-By-Step Guide On What To Do After A Car Accident (Video)

Wa

Ward and Smith, P.A.

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