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What Does the Coverage Exclusion Clause in Homeowner’s Insurance Regarding Surface Water Mean?

The Court concluded that the precipitation that fell on Martinez’s home and then flowed into the window wells was all surface water, which the insurance policy clearly and plainly excluded from coverage.

By T. Thomas Metier

/ 3 May 2017

If you get hurt at the gym, can you sue them?

At most gyms, an individual must sign a membership agreement prior to using the facility. This membership agreement almost always includes a release from liability or liability waiver provision. Generally, if an individual signs a release of liability or a waiver when registering for a…

By O'Keeffe O'Brien Lyson Attorneys

/ 2 May 2017

If you get hurt at the gym, can you sue them?

In a Negligence Case Against Multiple Tortfeasors, What Happens When Some Parties Settle?

The law says that after the claimant settles with a joint tortfeasor, the claims against others “shall be reduced by the amount of the released person’s share of the obligation as determined by the trier of fact.”

By T. Thomas Metier

/ 1 May 2017

Is Contractual Privity Necessary for a Home Buyer to Assert a Claim of Breach of the Implied Warranty of Suitability Against the Developer?

The threshold question was whether contractual privity was necessary for a home buyer to assert a claim for breach of the implied warranty of suitability against the developer.

By T. Thomas Metier

/ 30 Apr 2017

Workers’ Compensation: Attorneys’ Fees? Nope, it’s the Benefits, Dummy.

For the third time in 14 years, the Florida Legislature is taking up the issue of workers’ compensation attorneys’ fees. The question of attorneys’ fees for lawyers representing injured workers is a very touchy subject. The political diatribe against these fees in workers’ compensation claims…

By The Scott R. Marshall Law Firm

/ 30 Apr 2017

Workers’ Compensation: Attorneys’ Fees? Nope, it’s the Benefits, Dummy.

Older Drivers and Airbag Safety

Just like seatbelts, airbags are a type of passive automobile safety restraint. They are gas-inflated cushions built into the vehicle that, when triggered by crash sensors, ignite a rapid expansion of nitrogen gas into the cushion which then serves to protect you from the impact of an accident.

By Legal Examiner Staffer

/ 29 Apr 2017

Can the Court Exclude Testimony and Records as a Discovery Sanction?

The Court of Appeals looked at whether the district court abused its discretion in excluding so many medical bills.

By T. Thomas Metier

/ 28 Apr 2017

What Potential Injuries is a Gym Member Assuming the Risk for When They Sign the Membership Agreement?

The judgment on Stone’s negligence claim was affirmed, the judgment on her PLA claim was reversed, and the case was remanded for further proceedings on that claim.

By T. Thomas Metier

/ 26 Apr 2017

FDA WARNS – DON’T GIVE KIDS MEDICINE WITH CODEINE OR TRAMADOL

The Food and Drug Administration says medications containing codeine or tramadol should not be given to children, and warns that these drugs could cause serious risks including difficulty breathing and death, which appear to be a greater risk in children younger than 12 years.

By Andrew D'Arcy

/ 26 Apr 2017

AUTISM IN NEW JERSEY

According to the Centers for Disease Control, New Jersey has the highest rate of autism of any state in the nation.

By Andrew D'Arcy

/ 26 Apr 2017

NEXIUM, PRILOSEC AND OTHER ACID REFLUX DRUG LAWSUITS

Side effects of Nexium, Prilosec and other blockbuster heartburn and acid reflux medications have been linked to a risk of acute kidney injury, chronic kidney disease and potentially kidney failure.

By Andrew D'Arcy

/ 26 Apr 2017

XARELTO LAWSUITS

Jury selections began this week in the first bellwether trial for thousands of Xarelto lawsuits pending throughout the federal court system.

By Andrew D'Arcy

/ 26 Apr 2017