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Should You Require A Specific Endorsement Naming Your Client As An Additional Insured?

Pierce Atwood LLP

The takeaway of this article is for you to consider updating your clients' insurance requirements to require a specific additional insured endorsement.

Two Reminders Of The Importance Of Clear Drafting: PA(GI) & Drax

Proskauer Rose LLP

Two of the most common queries Proskauer's UK litigation team is asked to advise upon are (i) the interpretation and scope of indemnities and (ii) liability caps.

SDNY Dismisses Generic Prednisone Claims

Reed Smith

Kulkarni v. Generics, 2023 U.S.Dist.LEXIS 160730 (S.D.N.Y. Sept. 8, 2023), is an interesting generic preemption (mostly) dismissal involving an "old" (pre-1962) drug. A pro se plaintiff sued five affiliated...

Florida Appellate Court Holds Bank Does Not Owe A Duty To Refrain From Negligent Lending

Riker Danzig LLP

On August 30, 2023, the Florida Third District Court of Appeal ("the Court") issued its opinion in the matter of Suzmar v. First National Bank of South Miami, No. 3D22-1839, LEXIS 6065...

California Court Considers Expanding Tort Law In "Duty To Innovate" Case

Reed Smith

We observed oral argument the other day in a case that could have a significant impact on potential liability under California tort law for pharma companies and all other innovators.

Just Riding Along: The Michigan Court Of Appeals Clarifies When A Passenger's Claim Is Barred When The Vehicle Is Uninsured

Collins Einhorn Farrell

In Tiffany King, et al v MAIPF, et al, the Michigan Court of Appeals considered when a passenger in an uninsured motor vehicle is barred from seeking PIP benefits and making a claim for automobile negligence.

Commercial Tenant's Remedies Limited To Breach Of Contract Claims

Berman Fink Van Horn P.C.

In a recent Court of Appeals opinion, Personal Concierge MD, LLC (the "Tenant") appealed the grant of summary judgment to SG Echo, LLC (the "Landlord") on various claims.

Illinois Appellate Court Certifies That Health Facilities Are Immunized From Certain COVID-19 Negligent Injury Claims During Pandemic

Katten Muchin Rosenman LLP

During the COVID-19 pandemic, Illinois Governor Pritzker issued an Executive Order, pursuant to the Illinois Emergency Management Agency Act ("Act'), which was reissued over many months...

End Of An Era: What Remains Of The Open And Obvious Doctrine In Michigan After The Michigan Supreme Court's Ruling In Kandil-Elsayed v F&# Oil, Inc?

Collins Einhorn Farrell

On July 28, 2023, the Michigan Supreme Court released its long-anticipated opinion in Kandil-Elsayed v F&E Oil, Inc., which addresses the open-and-obvious doctrine in premises-liability cases.

Maritime Law: Key Legal Issues In Fires At Sea, Cargo Damage, Salvage, And More

Liskow & Lewis

Fires at sea have been one of the greatest risks to ships and cargo for over a thousand years, and they implicate some of maritime law's most unique aspects. These issues are briefly addressed below.

Navigating The SEC's Focus On Private Fund Fees: Understanding The Trends And Mitigating Risk

Goodwin Procter LLP

The following is an edited version of a conversation between Goodwin partners Jonathan Hecht and Isaac Vinyarsh. Before joining Goodwin, Jonathan spent more than a decade in the SEC's...

Jadidian V. Goldstein: Pleading Fraud To Take Advantage Of A Longer Fiduciary-Duty Limitations Period

Meyer Suozzi English & Klein

This blog often addresses the statute of limitations for breach of fiduciary duty claims (see here and here, for example). Which limitations period applies to a breach of fiduciary duty...

Third Department Sustains Fraud Claims In Horrendous Limousine Accident Case

Meyer Suozzi English & Klein

While the most basic principles of jurisprudence dictate that sympathy should not determine the outcome of a litigated matter, judges, after all, are human beings too.

Kaleel Builders, Inc. v. Ashby Is Still The Seminal North Carolina Case Interpreting Indemnity Claims

Cranfill Sumner

If you are handling a construction case or other matter involving any sort of indemnity claim, you should be familiar with Kaleel Builders...

Different Types Of Indemnity And Their Relative Enforceability In Construction Litigation

Cranfill Sumner

Indemnification is a term often thrown about in construction litigation, and you will see it in most standard form construction contracts.

Lin V. Lau: Fiduciary Duties And Attorney Malpractice

Meyer Suozzi English & Klein

An archetypal fiduciary relationship is that between attorney and client, and the handling of client funds is a potential hornets' nest of fiduciary-duty liability for attorneys.

Lee And Parminter Win Summary Judgment For Ski Resort In Wrongful Death Suit

Wilson Elser Moskowitz Edelman & Dicker LLP

Gregory Lee (Partner-Los Angeles) and Steven Parminter (Partner-Los Angeles) secured summary judgment in the Superior...

California Employers Will Not Be Liable For COVID-19 Infections Contracted By Workers' Household Members

Perkins Coie LLP

The California Supreme Court unanimously ruled in Kuciemba v. Victory Woodworks, Inc. on July 6, 2023, that California employers cannot be held liable...

California Supreme Court Holds Employers Do Not Owe Duty Of Care To Prevent The Spread Of COVID-19 Outside The Workplace

Ogletree, Deakins, Nash, Smoak & Stewart

The court also held that an employer does not owe a duty of care under California law to prevent the spread of COVID-19 to an employee's household members.

Seventh Circuit Affirms That FAAAA Preempts Broker Negligent Hiring Claims

Lewis Brisbois Bisgaard & Smith LLP

Today, the Seventh Circuit Court of Appeals weighed in on the circuit split over whether freight broker tort claims are preempted by the Federal Aviation Administration Authorization Act ("FAAAA")...

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