The Nebraska Court of Appeals decides whether a broken hip and loss of consortium is the fault of the grocery store and its watermelons in Robertson v. U Save Foods, Inc.
After practicing law for almost twenty-five years, the “profession” has clearly changed. While the practice of law began changing well before my career began, it has changed exponentially in the last twenty-five years. In my opinion, two of the major catalysts for this change are…
If you have an opinion about Gun Control and Tort Reform, are your opinions consistent? Ever thought about that? These two hot topics and the issues surrounding them all arise out of the protections granted by The Bill of Rights. If you listen to the…
A Virginia woman who filed a baby powder lawsuit against the manufacturer Johnson & Johnson has won a record $110.5 million verdict from a St. Louis jury. The jury ruling Thursday night for 62-year-old Louis Slemp, of Wise, Va., comes after three previous St. Louis…
The EPA recently labeled two Utah communities as “serious” nonattainment areas, because a 2015 deadline for complance with federal small-partciulate pollution rules was missed. The Salt Lake City and Provo metro areas are the two that received the designation. While the designation is only for…
Over the past three years, Jennifer Bradley has learned that the journey to justice through the court system can be long and arduous. During her junior year at American University, Ms. Bradley suffered a concussion during a Division I field hockey match against Richmond University.…
A recent trip to the emergency room for Maryland resident Stuart Anders created a situation that might soon become more common—the recovering addict pleaded with E.R. doctors to NOT be given opioid painkillers even though his leg had been literally shattered in a car accident.…
So, you have worked for a company for twenty years. It’s a large company, and you were offered benefits when you started. You took them. Who wouldn’t? You got health, a 401k, discounts on various services, accidental death and dismemberment, life insurance, and disability. Your…
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.
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…
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.”
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.
