
Class Action Negligence Suit Filed Over Ohio Train Derailment
Four days after a fiery train derailment in East Palestine, a local couple and a business owner have filed a class action suit seeking damages from Norfolk and Southern Railroad.
February 8, 2023
Liability
Litigation
Ohio

‘Physical Loss’ In The Context Of Commercial Property Policies For Covid-19-Related Losses In Pennsylvania
With the onset of the Covid-19 pandemic in 2020, businesses across the country were forced to shut their doors and turn to their commercial property insurance companies to seek coverage.
February 3, 2023
Liability
Property
Pennsylvania

Burned Crash Survivor Rejects Auto Companies’ Attempts To Dismiss Her Claims
Counsel for a Western Pennsylvania woman who suffered third-degree burns over 70% of her body in a motor vehicle crash over two years ago, has refuted denials of liability from two of the defendants named in the subsequent litigation.
February 2, 2023
Auto
Liability
Litigation
Pennsylvania

J&J Bankruptcy Plan To Avoid Cancer Claims Lawsuits Rejected By Court
A federal appellate court on Monday rejected Johnson & Johnson’s attempt to shed its baby powder liabilities by transferring them to a subsidiary and placing that subsidiary in bankruptcy.
January 30, 2023
Liability
Litigation

California Court Refuses Summary Judgment To Insurer In COVID Case
A Los Angeles state court on Thursday refused to grant an Allianz SE unit’s motion for summary judgment in a COVID-19-related business interruption case that was returned to a lower court after a pro-policyholder state appeals court ruling.
January 30, 2023
Liability
Property
California

Homeowner’s Repeated Burst Pipe Damage Claim Denied By Utility Company
San Antonio Water System officials have denied a damage claim filed by a Castle Hills homeowner, despite the same water pipe bursting over and over again in the woman’s front yard.
January 26, 2023
Liability
Property
Texas

Missouri Supreme Court Vacates $5.2M Judgement Entered Before Insurer Permitted To Intervene
The Missouri Supreme Court ruled unanimously to overturn a lower court’s ruling and held that GEICO should have had a chance to weigh in sooner on the case, and sent the case back to the lower court for further discussion.
January 26, 2023
Auto
Liability
Litigation
Missouri

Former NFL Player Sues Med Mal Insurers, Brokers
Former National Football League player Sharrif K. Floyd, whose career ended after knee surgery, sued a Sompo International Holding Co. unit, a The Doctors Co. unit, Marsh USA Inc. and USI Insurance Services LLC, charging a $10 million shortfall in insurance proceeds.
January 24, 2023
Liability
Litigation
Florida

Florida Court Upholds Eight-Corners Rule, Rejecting Exception: Extrinsic Evidence Must Resolve Duty to Defend and Be Undisputed
In First Mercury Insurance Co. v. First Florida Building Corporation, 20-cv-1929 (M.D. Fla Jan. 3, 2023), the court rejected an insurer’s bid to have evidence considered outside the underlying complaint concerning the claimant’s employment status to determine the duty to defend. This underlying suit involves a personal injury claim where the claimant sustained severe injuries while working at a construction site.
January 18, 2023
Liability
Litigation
Florida

Tesla Video Promoting Self-Driving Was Staged, Engineer Testifies
A 2016 video that Tesla (TSLA.O) used to promote its self-driving technology was staged to show capabilities like stopping at a red light and accelerating at a green light that the system did not have, according to testimony by a senior engineer.
January 18, 2023
Auto
Liability
Litigation
California

California Adopts New Restrictions On Time-Limited Settlement Demands
Effective January 1, 2023, new rules govern pre-suit time-limited settlement demands in California. Section 999, et seq. of the California Code of Civil Procedure governs time-limited settlement offers made to a tortfeasor with liability insurance for purposes of settling the claim within the limit of insurance.
January 12, 2023
Liability
Litigation
California

Texas Supreme Court To Decide On ERCOT Immunity From Lawsuits After Deadly Freeze
Lawyers argued before the Texas Supreme Court on Monday over whether the state’s power grid operator should be protected from lawsuits, a question that has become especially important after the deadly February 2021 freeze.
January 10, 2023
Liability
Litigation
Texas

Class Action Lawsuits Set New Billion Dollar Settlement Records In 2022
In 2022, class action lawsuits, which can create crises for companies and organizations, set new records for the amount of settlements in product liability, consumer fraud, antitrust, and other cases. The total value of the settlements exceeded $63 billion.
January 5, 2023
Fraud
Liability
Litigation

Judge Says 3M Can’t Escape Liability In Earplug Lawsuits
A federal judge recently told 3M that it may not use ‘bad faith manipulation’ to avoid its responsibility in a slew of cases against the multinational conglomerate for its allegedly defective earplugs.
January 3, 2023
Liability
Litigation
Florida

Revisiting The Rules Of Policy Interpretation
In Yahoo Inc. v. National Union Fire Ins. Co. of Pittsburgh, the California Supreme Court applied established rules of policy interpretation and found that the definition of ‘personal injury’ in Yahoo’s policy was ambiguous.
December 29, 2022
Liability
California



