Showing all results for category “negligence”

Fright Night: Recovering Emotional Distress Damages Absent Accompanying Physical Consequences

By Paul V. Esposito

There’s a famous phrase about “things that go bump in the night.” It’s part of an old Scottish or Cornish prayer seeking protection from “ghoulies and ghoosties and long-legged beasties” roaming a house.

Bland v. Q-West, Inc. 2023 Ill. App. 2d 210683 —A “Stand Out” Decision By The Illinois Appellate Court, Second District.

By Melinda S. Kollross

The recent decision in Bland would be noteworthy just for the fact that an Illinois Appellate Court reversed a plaintiff’s personal injury verdict of $51 million and remanded the case back for a new trial.

Speed Kills: Potential Product Liability When Social Media Apps Contribute To Accidents

By Paul V. Esposito

But for the grace of God, many of us might already be dead. Those teenage and early adult years were tons of fun. They left plenty of time for doing crazy things.

CM Report of Recent Decisions – 2022 Volume 4

Cover: Holiday Lights in Chicago, IL

SIDEBAR – United States Supreme Court Set To Decide “Game Changing” Case On General Personal Jurisdiction Over A Foreign Corporation

We wish to alert our friends in the defense and insurance industries of a case that will soon be decided by the United States Supreme Court.

Out of Bounds: The Lower Standard of Supervisory Liability for Sporting Events

By Paul V. Esposito

Times have changed. Back in the day, high school sports were generally limited to four: football, basketball, league baseball, and track. Not so today. Students also can play soccer,

Not Good Enough: The Minnesota Supreme Court Requires More Specificity in Exculpatory Clauses

By Paul V. Esposito

What was the greatest single advance in human history? Some might say the discovery of how to create and harness fire. After all, raw meat can get nasty in short order.

CM Report of Recent Decisions – 2022 Volume 3

Cover: Downtown Houston, TX

SIDEBAR – Nuclear Verdicts Are Becoming Thermonuclear Verdicts: A Suggestion For Combatting Them

Some commentators have defined a “nuclear verdict” as a verdict of $10 million or greater.

Free Bite? Maybe Not: Expanded Liability For Dog Bites

By Paul V. Esposito

You can’t help but love ’em. Dogs. Our relationship with these descendants of the gray wolf is unlike that with any other animal. To many people, they are like people—even like family.

Liability For Third Party Criminal Conduct – California Court Dismisses Claim Against Uber For Assaults By Individuals Pretending To Be Uber Employees

By Tyler M. Costanzo

In Doe v. Uber Technologies, Inc., et al., 2022 Cal. App. LEXIS 477, California’s Second Appellate District analyzes liability for third-party criminal action; specifically, claims against Uber for sexual assault incidents perpetrated by individuals that misrepresented to victims that they were Uber drivers.

CM Report of Recent Decisions – 2022 Volume 2

Gallardo v. Marstiller, No. 20-1263 (U.S. 6-6-22)—A Possible Chilling Effect On Personal Injury Litigation Brought By Medicaid Beneficiaries

In Gallardo, the United States Supreme Court held that the Medicaid Act permits a State to seek reimbursement from tort settlement payments or judgments allocated for future medical care.