Showing all results for category “News”

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.

In a Split Decision, California Court of Appeal Holds Scooter Provider Subject to Liability for Not Re-locating Improperly Parked Scooter

By Paul V. Esposito

An electric dock-less scooter business is potentially liable when an improperly parked scooter created a tripping hazard causing a pedestrian injury. Hacala v. Bird Rides, Inc.,

Clausen Miller Florida Attorneys Obtain Dismissals with Prejudice in Two Assignment of Benefits Cases

Douglas Cohen and Christopher Sempier in Miami-Dade County and Melissa Burghardt and KeiErica Baker in Broward County successfully argued that the plaintiffs in both cases failed to comply with a Florida statute requiring an itemized, per-unit cost estimate for services.

Massachusetts Appeals Court Rejects Attorney Malpractice Claim of Inadequate Settlement

By Paul V. Esposito

The parents of a boy who suffered an amputation did not present sufficient evidence to support a legal malpractice action grounded on an insufficient $6 million settlement. Abdulky v.

Ian Feldman and Tyler Costanzo Secure Victory in a High-Exposure Construction Delay Claim

The case began when a hotel owner brought a $13 million complaint against its general contractor, who subsequently cross-complained against several subcontractors.

Prevention Costs Held Not to Constitute Property Damage

By Don R. Sampen, published, Chicago Daily Law Bulletin, April 4, 2023

The U.S. District Court for the Northern District of Illinois recently held that a steel subcontractor’s defective work, causing the general contractor to incur added costs for investigating,

Massachusetts Appeals Court Allows Photographs of Property Damage Absent Expert Testimony as Evidence of Extent of Personal Injury

By Paul V. Esposito

Despite the lack of expert evidence, litigants may offer photographs of vehicle damage to show a correlation between the damage and personal injuries. Laccetti v. Ellis,

Illinois Appellate Court Finds Personal Jurisdiction Over Non-resident Manufacturer in Battery-explosion Lawsuit

By Paul V. Esposito

Illinois has personal jurisdiction over South Korean manufacturer LG Chem, whose lithium battery put in a vaping device exploded in a user’s pocket. Kothawala v. Whole Leaf, LLC,

Texas Supreme Court Upholds Immunity for University System’s Roadway Design and Construction

By Paul V. Esposito

The Texas Supreme Court has affirmed a university system’s immunity under the Tort Claims Act following an accident in which a driver ran off the road at a newly installed T-intersection.

Illinois Supreme Court Holds Federal Labor Law Preempts Biometric Privacy Act Claims

By Paul V. Esposito

The Supreme Court has held that the federal Labor Management Relations Act preempts claims by unionized employees alleging violations of the Biometric Information Privacy Act. Walton v. Roosevelt Univ.