Showing all results for category “News”

Louisiana’s Anti-dram Shop Law Immunizes Homeowners from Liability for Off-premises Injuries to Neighbors

By Paul V. Esposito

The Louisiana Court of Appeals has affirmed the dismissal of a complaint against homeowners serving alcohol to a woman whose vehicle struck two neighbors during Halloween trick-or-treating. Holliday v.

Colorado Passes First “Right to Repair” Bill

By Greg Aimonette

On April 25, 2023, Colorado became the first state to pass a Consumer Right to Repair Agricultural Equipment Bill, which takes the repair and updating of agricultural equipment away from purely manufacturer authorized repair centers and grants it directly to the farmer and independent repair centers. 

Indiana Court of Appeals Sides with Chemical Manufacturer in Drum Explosion Case

By Paul V. Esposito

A product liability action failed because decedent failed to follow warnings against using flame near a drum that had stored flammable chemicals. Superior Oil Co. v. Labno-Fritchley,

Clearview Realty Ventures v. City of Laconia, No. 2022-0196 (N.H. 4-18-23): Damage Plainly Means Damage In the Physical Sense and Not Just Loss of Use

Although arising in the property taxation area, the New Hampshire Supreme Court affirmed the view that damage plainly means physical damage and not merely loss of use. This case involved a New Hampshire property taxation statute that required local taxing officials to prorate a building’s assessment “[w]henever a taxable building is damaged due to unintended fire or natural disaster to the extent that it renders the building not able to be used for its intended use.” Certain property owners who had their business closed by executive order to stem the spread of COVID-19 claimed they were entitled to proration under this statute.

A Choice-of-law by Any Other Name Is Still the Same

By Don R. Sampen, published, Chicago Daily Law Bulletin, April 18, 2023

The U.S. District Court for the Northern District of Illinois recently held that an automobile policy’s conformity-to-statute provision served as a choice-of-law clause pointing to Illinois law,

Ilene Korey Nominated for Excellence in Pro Bono Service Award

Ilene received the nomination for outstanding work in a complex Title VII and ADA dispute.

Clausen Miller Wins Dismissal at Trial for Consolidated Edison Company of New York and Its Tree Pruning Contractor

Clausen Miller shareholder Christopher Scanlon and associate Yesy Sanchez obtained a verdict in favor of their clients after a full jury trial in Richmond County, one of the five boroughs of New York City. Plaintiff and her father were driving in Staten Island when part of a tree that had recently been pruned on behalf of Con Ed by its Staten Island tree pruning contractor,

Mississippi Court of Appeals Reverses Defamation Judgment Arising Out of Workplace Vulgarity

By Paul V. Esposito

In a split decision, the Court ruled that a physician’s vulgar comments about a surgical scheduler made outside her presence did not amount to actionable defamation. Fagan v.

Colorado Court of Appeals Rules That Willful and Wanton Misconduct Claim Is Not Shielded from the Economic Loss Rule

By Paul V. Esposito

Reversing a jury verdict for an insurer in a restaurant fire-loss subrogation case, the Court of Appeals held that the economic loss rule bars a negligence claim based on willful and wanton misconduct.

New Jersey Appellate Division Upholds E-commerce Clickwrap Agreement Requiring Arbitration of Product Liability Dispute

By Paul V. Esposito

Siding with a telemed group offering alternatives to orthodontic braces, the Court ruled that the “clickwrap” agreement signed by a user required arbitration of his product liability claim. Santana v.