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|New Texting and Driving Decision in Delaware|
William R. Adams; Dickie, McCamey & Chilcote, P.C.;
July 3, 2015, previously published on June 30, 2015A recent case in the state of Delaware adds to the growing body of case law interpreting state statutes banning the use of cell phones and other hand-held electronic devices while driving. In Johnson v. Nelson, 2015 Del. Super. LEXIS 224, decided on April 29, 2015, the trial court determined that...
|Objecting to Expert Evidence Based on Novel Science|
Steve M. Vorbrodt; Singleton Urquhart LLP;
June 23, 2015, previously published on June 19, 2015In product liability and other personal injury cases, the courts will sometimes be asked to consider expert evidence based on theories that deviate from accepted standards in the scientific community. The polite term for such theories is “novel” science while the more informal term is...
|These Shoes Weren’t Made for Walking (and They Aren’t Too Good for Standing Either): Court Dismisses Post-Breach Case Against Zappos for Lack of Standing|
Sutherland Asbill Brennan LLP;
June 9, 2015, previously published on June 8, 2015Last week yet another federal district court dismissed a post-data breach class action after concluding that the plaintiffs had not alleged any actual or imminent harm and, consequently, did not have standing to proceed. In re Zappos.com, Inc. Customer Data Security Breach Litig. MDL No. 2357,...
|Massachusetts Appeals Court Expands Mode of Operation Approach|
Hamblett Kerrigan P.A.;
June 8, 2015, previously published on June 2015In slip and fall injuries, it is incumbent upon the injury victim to establish that the defendant property owner knew or should have known of a dangerous condition existing on its property and that the condition caused the injury victim¿s injuries. In 2007, the Massachusetts Supreme Judicial Court...
|Court of Appeals Finds No Advertising Injury Coverage Where Causal Relationship Between Injuries and Activities are Lacking.|
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
June 1, 2015, previously published on May 2015On February 2010, RMG Direct, Inc. (“RMG”) sued Blackstone International Limited (“Blackstone”). RMG alleged several claims, all stemming from an alleged joint venture to market “low vision” lighting products manufactured by Blackstone. Specifically, RMG claimed...
|Uninsured/Underinsured Motorist Policy Exhaustion Clause Held Void and Unenforceable by Colorado Court of Appeals|
Burg Simpson Eldredge Hersh Jardine P.C.;
May 29, 2015, previously published on May 24, 2015In a very important decision on May 21, 2015 by the Colorado Court of Appeals, the court decided that exhaustion clauses in uninsured/underinsured motorist policies are void and unenforceable under Colorado law. Most all auto policies in Colorado that provide underinsured motorist coverage include...
the Stage to Make the Insurers Pay the Excess Verdicts
Edward Le; Edward K. Le, PLLC;
May 28, 2015, previously published by Washington State Association of Justice on October 3, 2014Excess verdicts are great for attorneys but does not guarantee collection. Unless the correct procedural steps are taken to properly “set up” the insurance company, most insurance companies will balk at paying any funds that are above the third party policy limits of the defendant. ...
|Is Your Team Gearing Up for a Driver’s License?|
Bryan P. Fiengo; Suisman Shapiro;
May 28, 2015, previously published on May 12, 2015Young people ages 15-24 represent only 14% of the U.S. population. However, they account for 30% ($19 billion) of the total costs of motor vehicle injuries among males and 28% ($7 billion) of the total costs of motor vehicle injuries among females.1
|Lawsuits Against Health Clubs|
John P. Knight; Morrison Mahoney LLP;
May 25, 2015, previously published on May 13, 2015From the time a club opens in the morning until the last member leaves, there are countless issues that need to be addressed. Between dealing with facility issues and making sure all of the equipment is functioning properly to responding to the needs of the members, there are not enough hours in...
|“Trespasser” under the Colorado Premises Liability Act|
Christopher D. Bryan, Clinton L. Coberly; Hall & Evans, L.L.C.;
May 25, 2015, previously published on May 20, 2015Denver District Court Finds Plaintiff Who “Takes a Short Cut” Across Defendant’s Parking Lot a “Trespasser” under the Colorado Premises Liability Act