Sara Youngdahl on the Preclusion of FELA Claims by the Federal Railroad Safety Act.

Sara Youngdahl — Fri, 22 Jan 2010 12:07:59 GMT

In this Emerging Issues analysis, Sara Youngdahl of Youngdahl and Citti, P.C., examines case law on the issue of whether the Federal Railroad Safety Act precludes FELA claims based on excessive train speeds and inadequate warning devices. Ms. Youngdahl also discusses what plaintiffs should prepare to argue in court until the U.S. Supreme Court decides the issue. She writes:

Margie Searcy Alford on Wyeth v. Levine, 129 S. Ct. 1187 (2009)

Margie Searcy Alford — Thu, 21 Jan 2010 12:41:01 GMT

In this Emerging Issues analysis, toxic tort litigator and author Margie Searcy Alford comments on the U.S. Supreme Court in Wyeth v. Levine, 129 S. Ct. 1187 (2009). The Court held tha

Margie Searcy Alford on Jarrett v. Jones, 258 S.W.3d 442 (Mo. 2009)

Margie Searcy Alford — Thu, 21 Jan 2010 12:13:36 GMT

In this Emerging Issues commentary, personal injury litigator and author Margie Searcy Alford reviews the Missouri Supreme Court decision in Jarrett v. Jones, 258 S.W

Sharona Hoffman on Measure for Measure: The Government's Response to H1N1 and Remaining Liability Issues

Sharona Hoffman — Thu, 07 Jan 2010 15:45:44 GMT

The increasing number of H1N1 cases raises significant liability concerns. This article provides an overview of the governments’ legal response to the H1N1 influenza outbreak and relevant statutory provisions. It also highlights current gaps in the law and remaining concerns for health-care providers. Ms Hoffman is Professor of Law and Bioethics and Co-Director of the Law-Medicine Center,

Longstreth Reflects on Two Years of Hurricane Katrina Litigation Against the U.S.

Robert Longstreth — Mon, 28 Dec 2009 11:09:35 GMT

By Robert C. Longstreth, Esq. San Diego Superior Court Judge

Clifford on Wright v. Issak, 149 Cal. App. 4th 1116 (2007) and Contractor Licensure Requirements

Robert C. Clifford — Thu, 24 Dec 2009 14:34:14 GMT

Plaintiff contractor sued for breach of contract against defendant homeowners over a job dispute. The trial court found that the plaintiff was unlicensed and ruled in favor of the defendants. Robert C. Clifford discusses the California appellate court's decision, which held that a contractor's license is automatically suspended as of the date the contractor is required to obtain workers' compensation insurance but does not.

Toxic tort litigator Margie Searcy Alford reviews the Utah Supreme Court’s decision in Downing v. Hyland Pharmacy,

Truck-accident expert David Nissenberg discusses the preservation of evidence in truck-accident cases. The destruction, concealment, or suppression of evidence is referred to as spoliation of evidence, and the ramifications and potential

Clifford on Johnson v. American Standard

Robert C. Clifford — Wed, 23 Dec 2009 23:05:45 GMT

Robert C. Clifford discusses the implication of

By Margie Searcy Alford, Toxic Tort Litigator and Author of A Guide to Toxic Torts

Alford on Isaacson v. Dow Chemical Co.

Margie Searcy Alford — Sun, 13 Dec 2009 23:01:34 GMT

By Margie Searcy Alford, Toxic Tort Litigator and Author of A Guide to Toxic Torts

The U.S. Court of Appeals for the Second Circuit affirmed a decision from the U.S. District Court for the Eastern District of New York, holding that Agent Orange cases were properly in federal court under

Alford on In re "Agent Orange" Product Liability Litigation

Margie Searcy Alford — Sun, 13 Dec 2009 22:26:17 GMT

By Margie Searcy Alford, Toxic Tort Litigator and Author of A Guide to Toxic Torts

The U.S. District Court for the Eastern District of New

California's 2009 E-Discovery Laws: Text and Analysis

Paul R. Kiesel & Steven N. Williams — Tue, 21 Jul 2009 21:18:57 GMT

In this Emerging Issues Analysis, Paul R. Kiesel and Steve Williams report that California's new Electronic Discovery Act, effective June 29, 2009, makes comprehensive changes in California law relating to e-discovery. This commentary includes an analysis by these two authors who helped write the Act, the full text of the Code of Civil Procedure provisions affected by the Act, plus the proposed Rules of Court and the corresponding fe

Ohio Supreme Court Upholds Tort Reform

Michael J. Chapman — Fri, 17 Apr 2009 10:40:18 GMT

In two recent landmark cases, Arbino v. Johnson & Johnson, 880 N.E.2d 420 (2007), and Groch v. General Motors Corp., 883 N.E.2d 377 (2008), the Ohio supreme court upheld the state legislatures latest enactment of comprehensive tort-reform, known as Senate Bill 80. Senate Bill 80’s significant reforms include: (1) limiting noncompensory and punitive damage awards; (2) changing civil practice and procedur

Smith on Defending Implied Equitable Indemnity Claims in Kentucky

Sky W. Smith — Wed, 08 Oct 2008 19:51:42 GMT

Kentucky is no stranger to indemnity claims, but how does a Kentucky court reconcile the conflict between the state apportionment statute and the common law principle of implied equitable indemnity? Equally important, how can one defend against such a claim if the apportionment statute does not protect you? Attorney Sky Smith of Rendigs, Fry, Kiely & Dennis LLP examines this issue and the "case within a case" strategy for defending against implied indemnity claims in Kentucky.&n

Levine on Insurance Coverage Implications of Lead-Tainted Product Recalls

Michael S. Levine — Wed, 17 Sep 2008 21:30:31 GMT

Michael S. Levine, a senior associate in the McLean, Virginia office of Hunton & Williams LLP, practices in the firm's insurance and reinsurance group. He discusses the recent rash of product recalls due to the presence of lead in the products, which has the potential to implicate multiple lines of insurance coverage, including commercial property, general liability, recall coverage, and the liability coverage of directors and officers.

Babich v. River Oaks Toy

Clifford on the California Supreme Court's Discussion of the Genuine Dispute Doctrine and an Insurer's Duty to Fully Investigate in Wilson v. 21st Century Ins. Co., 2007 Cal. LEXIS 13314 (Cal. 2007)

Robert C. Clifford — Wed, 17 Sep 2008 16:43:31 GMT

Robert C. Clifford discusses the issues raised by the California Supreme Court's decision in Wilson v. 21st Century Ins. Co., 2007 Cal. LEXIS 13314 (Cal. 2007) in this commentary. Although this case involved an insured's claim for underinsurance benefits, the implications of the holding go beyond underinsurance coverage and must be cons

Nissenberg on Trucking in Adverse Weather Conditions

David N. Nissenberg — Wed, 17 Sep 2008 16:29:09 GMT

David Nissenberg, a leading expert and author in the field of truck accident litigation, reviews the practical, legal, and technological issues arising in connection with driving large commercial vehicles in adverse weather conditions. His commentary discusses various weather conditions giving rise to large-truck accidents and ensuing litigation, the legal responsibilities of the commercial carrier during adverse weather conditions, and the recent technological advances to aid commercial driv

Tatting on Exculpatory Clauses Under Minnesota Law: Uncertain Shields Against Liability

Troy F. Tatting — Mon, 09 Jun 2008 17:08:08 GMT

High risk activities (such as those at health clubs, ski resorts, skydiving companies, horse stables, paintball facilities, etc.) routinely require the participant to sign a waiver before participating in the activity. The exculpatory clauses in these waivers, while intended to alleviate liability in the event of an accident, do not always achieve this purpose. Such clauses are presumptively disfavored by judges and, even more

Nissenberg on Too Much Weight Kills: Legal Consequences of Driving an Overweight Big Rig

David N. Nissenberg — Mon, 09 Jun 2008 16:09:35 GMT

The recent collapse of the Minneapolis I-35W bridge serves as a dramatic reminder of how excess weight on a load-bearing surface can have disastrous consequences. Excess weight in connection with big rigs can initiate a catastrophic chain of events and is often overlooked as a cause of truck accidents. Truck-accident litigation expert David Nissenberg takes a look at the many issues that arise when a big rig tractor trailer ex

Nissenberg on Loading Dock Safety: Legal Issues Involving Forklifts and the Loading and Unloading of Tractor-Trailers

David N. Nissenberg — Mon, 09 Jun 2008 15:44:01 GMT

Loading dock activity can be frenetic, and as a result, workplace accidents involving big rigs often occur during the loading and unloading process. OSHA reports that there are close to 70,000 forklift accidents each year. On average, 100 workers are killed and 20,000 are injured every year in forklift mishaps. Truck-accident legal expert David Nissenberg takes a look at the legal issues arising out of such accidents and offer

Jefferson James Davis on Mason v. The Home Depot U.S.A., Inc.

Jefferson James Davis — Tue, 27 May 2008 10:34:53 GMT

Arvin Ritchey Mason bought and used Varathane, a wood finish manufactured by the Flecto Company and sold by Home Depot. The next year, he and Ms. Mason, asserting that the Varathane injured him when he inhaled its vapors, sued the two companies. In Mason v. The Home Depot U.S.A., Inc., the Georgia Supreme Court approved the use of Daubert expert evidence standards for civil cases. In this commentary, Jefferson James Davis explores the implications of the suprem

David N. Nissenberg on Hazmat Highways: Transporting Hazardous Materials on the Roadways and the Legal Issues that Arise when Spilled Materials Cause Fatalities and Injuries

David N. Nissenberg — Tue, 29 Apr 2008 20:36:37 GMT

Each day in America there are more than 800,000 shipments of hazardous materials that are transported across highways by tractor-tailor rigs. On a single stretch of highway in Augusta County Virginia, 216,000 gallons of flammable liquid travel north and south on Interstate 81 every 60 minutes. The Deputy Chief of Augusta County Fire and Rescue put it succinctly: "Any interstate with the amount of material we've got going

Professor J. David Prince Update of Riegel v. Medtronic

J. David Prince — Wed, 23 Apr 2008 15:01:44 GMT

Professor J. David Prince analyzes the U.S. Supreme Court’s recent decision upholding federal preemption in Riegel v. Medtronic. The Court held that state-law tort claims against a manufacturer of an allegedly defective medical device, which had recei

Levy on City of Santa Barbara v. Superior Court

Neil M. Levy — Tue, 15 Apr 2008 09:50:56 GMT

In City of Santa Barbara v. Superior Court, 41 Cal. 4th 747, 62 Cal. Rptr. 3d 527 (Cal. 2007), the California Supreme Court held that an exculpatory clause did not shield a defendant from lia

Margie Searcy Alford on Statute of Limitations Problems and the Alabama Supreme Court's Landmark Adoption of the Discovery Rule for Toxic Tort Cases in Griffin v. Unocal Corp

Margie Searcy Alford — Tue, 08 Apr 2008 18:35:59 GMT

For almost twenty-nine years, Alabama law dictated that the state's two-year statute of limitations for toxic torts cases ran from the date of last exposure to toxic substances. This "last exposure rule," as set forth in Garrett v. Raytheon Co., 368 So. 2d 516, 520-521 (Ala. 1979), was frequently harsh on potential plaintiff

Clifford on Storek v. Fidelity Guaranty Insurance Underwriters, Inc., 504 F. Supp. 2d 803 (N.D. Cal. 2007): Analyzing an Insurer's Duty to Defend Under California Law

Robert C. Clifford — Mon, 17 Mar 2008 21:27:47 GMT

Robert C. Clifford discusses the issues raised by the U.S. District Court in Storek v. Fidelity & Guaranty Insurance Underwriters, Inc., 504 F. Supp. 2d 803 (N.D. Cal. 2007) and the duty of an insurer to provi

Raiter and Swanson on the Expanding Scope of the Cy Pres Doctrine and the Distribution of Unclaimed Settlement Funds

Shawn Raiter and Kelly Swanson — Mon, 17 Mar 2008 21:21:03 GMT

Class action settlement funds often have money remaining after class members have filed all their claims. Sometimes, these unclaimed funds can run into the millions of dollars. If the settlement agreement does not address how unused funds are to be distributed, the courts can rely on their general equity powers or on the Cy Pres doctrine, which permits a court to disburse funds in a way that most closely approximates the intended benefits of the class settlement. The courts' discretion under

Webster on the Latest Ruling Addressing the Relationship Between Trade Associations and Product Liability: In re Welding Fume Litigation, 2007 U.S. Dist. LEXIS 80806 (N.D. Ohio October 30, 2007)

Hugh K. Webster — Mon, 17 Mar 2008 20:57:00 GMT

Hugh K. Webster, a partner in the Washington, DC law firm of Webster, Chamberlain & Bean, discusses Northern District of Ohio's recent holding in In re Welding Fume Litigation that participation by a non-manufacturer's employees in an industry association, ev

Clifford on Wright v. Issak, 149 Cal. App. 4th 1116 (2007) and Contractor Licensure Requirements

Clifford on Johnson v. American Standard

Alford on Isaacson v. Dow Chemical Co.

Alford on In re "Agent Orange" Product Liability Litigation

California's 2009 E-Discovery Laws: Text and Analysis

Ohio Supreme Court Upholds Tort Reform

Smith on Defending Implied Equitable Indemnity Claims in Kentucky

Levine on Insurance Coverage Implications of Lead-Tainted Product Recalls

Clifford on the California Supreme Court's Discussion of the Genuine Dispute Doctrine and an Insurer's Duty to Fully Investigate in Wilson v. 21st Century Ins. Co., 2007 Cal. LEXIS 13314 (Cal. 2007)

Nissenberg on Trucking in Adverse Weather Conditions

Tatting on Exculpatory Clauses Under Minnesota Law: Uncertain Shields Against Liability

Nissenberg on Too Much Weight Kills: Legal Consequences of Driving an Overweight Big Rig

Nissenberg on Loading Dock Safety: Legal Issues Involving Forklifts and the Loading and Unloading of Tractor-Trailers

Jefferson James Davis on Mason v. The Home Depot U.S.A., Inc.

David N. Nissenberg on Hazmat Highways: Transporting Hazardous Materials on the Roadways and the Legal Issues that Arise when Spilled Materials Cause Fatalities and Injuries

Professor J. David Prince Update of Riegel v. Medtronic

Levy on City of Santa Barbara v. Superior Court

Margie Searcy Alford on Statute of Limitations Problems and the Alabama Supreme Court's Landmark Adoption of the Discovery Rule for Toxic Tort Cases in Griffin v. Unocal Corp

Clifford on Storek v. Fidelity Guaranty Insurance Underwriters, Inc., 504 F. Supp. 2d 803 (N.D. Cal. 2007): Analyzing an Insurer's Duty to Defend Under California Law

Raiter and Swanson on the Expanding Scope of the Cy Pres Doctrine and the Distribution of Unclaimed Settlement Funds

Webster on the Latest Ruling Addressing the Relationship Between Trade Associations and Product Liability: In re Welding Fume Litigation, 2007 U.S. Dist. LEXIS 80806 (N.D. Ohio October 30, 2007)

LexisNexis Torts: Torts

Topical Index of LexisNexis Emerging Issues Analysis on Torts and Personal Injury Law Related Issues (Updated 1/27/2010)

Sara Youngdahl on the Preclusion of FELA Claims by the Federal Railroad Safety Act.

Margie Searcy Alford on Wyeth v. Levine, 129 S. Ct. 1187 (2009)

Margie Searcy Alford on Jarrett v. Jones, 258 S.W.3d 442 (Mo. 2009)

Sharona Hoffman on Measure for Measure: The Government's Response to H1N1 and Remaining Liability Issues

Longstreth Reflects on Two Years of Hurricane Katrina Litigation Against the U.S.