Searching Content indexed under Personal Injury by Cozen O'Connor ordered by Published Date Descending.
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Collectibility In Legal Malpractice Suits - A Required Element In Proving Damages: Schmidt v. Coogan
In Schmidt v. Coogan, No. 41279-9-II, 2012 WL 5331567 (October 30, 2012), the Washington Court of Appeals held that (1) collectibility is a required component in determining legal malpractice damages and (2) the failure to prove collectibility is fatal to a plaintiff trying to establish damages in a legal malpractice action.
United States
19 Nov 2012
Employers Can Discover Employee Facebook Posts, But....
One of the high-profile battles being fought in the social media world continues to be over the ability of one party in a lawsuit to compel the other party to produce messages, posts, pictures, and other "private" things done over a social networking site like Facebook.
United States
22 Nov 2011
Pennsylvania Favors Liberal Discovery Of Social Media Activity
In a recent decision, a Pennsylvania trial court concluded that no privilege exists to prevent access to non-public social website information of personal injury claimants.
United States
31 Aug 2011
Failure To Warn: Read The Fine Print
When someone is injured or property is destroyed because a manufacturer did not warn about known dangers you may think your case is a slam dunk.
United States
17 Aug 2011
Supreme Court Weighs In On Personal Jurisdiction Over Foreign Companies
For the first time in more than two decades, the U.S. Supreme Court has weighed in on issues of personal jurisdiction.
United States
19 Jul 2011
Standard Of Review In Coverage Disputes Over Policies Governed By ERISA May Be Headed To Supreme Court
Earlier this month, the 3rd Circuit took the minority side on an issue affecting life and health insurers that appears headed for the Supreme Court.
United States
15 Jul 2011
Federal District Court Rejects "Nicastro Holding"
In "Leja v. Schmidt Mfg., Inc.", No. 01-5042 (DRD), 2010 U.S. Dist. LEXIS 110907 (D.N.J. Oct. 19, 2010), a federal district court in New Jersey declined to follow the decision of the New Jersey Supreme Court in "Nicastro v. McIntyre Mach. Am., Ltd.", 201 N.J. 48, 987 A.2d 575 (2010), concluding that, to the extent that the "Nicastro" holding expanded personal jurisdiction beyond the bounds set by the United States Supreme Court, it had to be disregarded. 2010 U.S. Dist. LEXIS 110907, at *1.
United States
17 Nov 2010
New New York Legislation N.Y.G.O.L. § 5-335 Safeguards Settling Parties From Benefit Provider Liens
Thanks to new legislation, New York General Obligations Law § 5-335, there is a conclusive presumption that personal injury and wrongful death settlements do NOT include compensation for loss or expense paid by benefit providers, except those with a statutory right of reimbursement (i.e. Auto Personal Injury Protection/No Fault, Worker’s Compensation, Medicare, Medicaid, ERISA, etc.).
United States
18 Jan 2010
Delaware Chancery Court Interprets New York Law To Apply "All Sums" Method Of Allocation In Asbestos Bodily Injury Coverage Action
On October 14th, a Delaware Court of Chancery judge issued an 88-page opinion granting summary judgment to two insureds, Warren Pumps LLC ("New Warren") and Viking Pump, Inc. ("New Viking"), on critical issues of allocation and a corporate successorship.
United States
21 Oct 2009
Contaminated Bread Claims Do Not Rise To Coverage: Georgia Court Of Appeals Applies Exclusion M
The Georgia Court of Appeals recently upheld an insurer’s denial of coverage for claims related to use of contaminated bread through application of Exclusion m, the impaired property exclusion.
United States
21 Nov 2008
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