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Tag: negligence

December 22, 2017

Unending tort liability for innovators

The California Supreme Court issued a 4-3 decision in T.H. v. Novartis Pharmaceuticals Corporation. In doing so, the Court went further than it has ever gone before in applying the tort of negligent misrepresentation. ...

February 21, 2017

NY Court of Appeals: No control = no tort liability

Last Thursday, the New York Court of Appeals unanimously relieved a drug-treatment halfway house of liability for a former resident's subsequent assault on his mother's boyfriend. The case, Oddo v. Queens Village Committee for Mental Health for Jamaica Community Adolescent Program (JCAP), arose when Sean Velentzas violated JCAP's rules by drinking ...

December 06, 2016

California: "take-home" liability extends to workers’ households

Kesner v. Superior Court and Haver v. Burlington Northern Santa Fe Railroad are consolidated cases resulting in a single decision by the California Supreme Court holding that California tort law recognizes "take-home" liability in asbestos cases. "Take-home" cases arise when an employee worked with asbestos on the job 30-50 years ago and got asbest ...

June 05, 2013

Limiting business owner liability for third party negligence and crimes

Today, PLF filed an amicus brief in the New Mexico Supreme Court defending business owners from ruinous tort liability.  The case, Rodriguez v. Del Sol Shopping Center, arose when Rachel Ruiz drove her pick-up truck to run errands.  Ruiz suffered from a seizure disorder and had been warned by doctors not to drive.  Nonetheless, Ruiz drove ...

May 13, 2013

Massachusetts court prescribes limits on physicians’ duty to third parties

Today the Massachusetts Supreme Judicial Court put a limit on the duty owed by physicians to third parties injured by their patients.  In Medina v. Hochberg, a patient suffered a seizure caused by a rare, inoperable brain tumor, while driving home from work.  The episode caused the patient to lose control of his car, striking ...

April 02, 2010

After three years, a decision in Del Lago Partners v. Smith

Author: Deborah La Fetra & Joshua Thompson The Texas Supreme Court issued a decision today in Del Lago Partners v. Smith.  PLF filed an amicus briefin that case way back in December 2007.  The case dealt with the extent to which business owners can be held liable, under a premises liability theory, for an assault occurring ...