Article Search Results (533)
Articles on personal injury
Articles on personal injury
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 | Warnings Claim Preempted When the Railroad Crossing Improvements Were Federally Funded
November 6, 2009, previously published on November 4, 2009 In Missouri Pacific Railroad v. Patricia Limmer, et al., the Texas Supreme Court held that state law tort liability for inadequate warnings was preempted when the railroad crossing improvements were federally funded because federal regulations specify what warning devices should be used. |
| Attorney Liens Have Priority over Medical Liens
Hinshaw & Culbertson LLP; November 5, 2009, previously published on October 29, 2009 In a dispute that turned on the priority of a medical lien versus an attorney lien, the court held that attorney liens have priority, but that the attorney in this dispute did not have such a lien. |
| Exception to Pennsylvania's One-Disease Rule: Pre-1992 Asbestos Plaintiffs may File New Claims Sharon L. Caffrey, Karen Shichman Crawford; Duane Morris LLP; October 30, 2009, previously published on October 26, 2009 On October 21, 2009, the Pennsylvania Supreme Court issued an opinion in <i>Abrams v. Pneumo Abex Corp., et. al.,</i> following oral argument almost exactly one year ago. This decision creates a significant exception for plaintiffs who sued for a non-malignant asbestos-related injury... |
| Appeals Court Creates Anticipated Showdown in the California Supreme Court on Replacement Parts Liability Craig T. Liljestrand; Hinshaw & Culbertson LLP; October 26, 2009, previously published on October 19, 2009 In direct contrast to an earlier decision, the California Court of Appeals, Second Appellate District, recently held that pump and valve manufacturers on board navy ships may face liability for injury caused by asbestos-containing packing and insulation used in conjunction with their products. |
| Anti-Entergy Legislation Loses Energy D. Bradley Kizzia; Strasburger & Price, LLP; October 26, 2009, previously published on October 1, 2009 On April 3, 2009, the Texas Supreme Court rendered its opinion in Entergy Gulf States, Inc. v. Summers. In a split decision on rehearing, the Court essentially upheld its 2007 opinion so as not to change the ultimate holding, that is, that a premises owner that contracted to provide workers... |
| Recent Case Dismissal Challenges "Geographic Presumption" Matthew T. Deffebach, Dean J. Schaner; Haynes and Boone, LLP; October 16, 2009, previously published on October 9, 2009 A recent decision from the Occupational Safety and Health Review Commission provides employers who must log workplace injuries and report workplace fatalities some latitude as to when an injury or fatality is "work-related." Specifically, in a matter in which Haynes and Boone represented... |
| California Appellate Court Applies Government Contractor Immunity Defense to Boilers on Naval Vessels in Asbestos-Related Decision Edwards Angell Palmer & Dodge LLP; September 28, 2009, previously published on September 24, 2009 Earlier this month, a California appellate court held that the government contractor immunity defense applies to a boiler manufactured to United States Navy specifications, shielding the manufacturer from a design defect claim. Oxford v. Foster Wheeler LLC, Docket No. A121577 (Cal. Ct. App.,... |
| Minnesota Supreme Court Confirms That Minnesota Is Home for Nationwide Product Liability Litigation Leonard, Street and Deinard, Professional Association; September 25, 2009, previously published on September 10, 2009 The Minnesota Supreme Court has issued a decision that has the potential to significantly increase the filing of product liability and other claims in Minnesota courts between now and August 1, 2010, when Minnesota's new borrowing statute, Minn. Stat. ยง 541.31, will apply to all claims. Thousands... |
| Safe Ingress and Egress: What Is a Store Owner's Duty? Autumn L. Sharp; Much Shelist Denenberg Ament & Rubenstein, P.C.; September 23, 2009, previously published on September 2009 As Chicago and the rest of the Midwest move from summer to fall to winter, we will inevitably see rain, hail and the white stuff we all love to hate. Wet weather conditions in any season can make it difficult not only to drive and walk safely, but also to keep the floors of stores and shops dry... |
| The Joint Commission Issues Sentinel Event Alert Addressing Culture of Safety Emily E. Williams; Baker & Hostetler LLP; September 17, 2009, previously published on September 3, 2009 According to The Joint Commission (TJC), 50 percent of all sentinel events reported during 2006 were, at least in part, a result of "inadequate or ineffective leadership." In response, TJC issued a Sentinel Event Alert on August 27, 2009, recommending healthcare organization leadership... |
