Showing all results for category “negligence”

Goltsman Obtains Dismissal of Nursing Home Lawsuit

January 19, 2024 / News

Clausen Miller partner Mara Goltsman of our New York office has obtained dismissal of a nursing home lawsuit based on procedural grounds.

A Decision of Significance: The Illinois Appellate Court, First District, Grants a Shipping Broker JNOV on Appeal Holding That There Was No Vicarious Liability Relationship Between the Shipping Broker and the Broker’s Carrier and Driver

September 27, 2023 / News / Writing and Speaking

Melinda Kollross examines an Illinois Appellate Court granting a shipping broker judgment notwithstanding the verdict on appeal, holding the shipping broker not liable for a driver’s accident because there was no agency relationship between the broker and its carrier and driver.

No Coverage for Sex Misconduct Despite Negligence Allegations

July 11, 2023 / News / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin, July 11, 2023

The 4th District Appellate Court, over a dissent, recently held that a professional liability insurer had no duty to defend a physician and his employer for sexual assault,

Google Maps Lead Appellate Court to Reversal

June 14, 2023 / News / Writing and Speaking

By Eli B. Vine and Kathleen M. Klein

The Illinois Appellate Court has weighed in again on forum non conveniens, in a useful decision it has now decided to publish,

Split New York Court of Appeals Re-affirms Applicability of Primary Assumption of Risk Doctrine to Sporting Activities

June 1, 2023 / News / Writing and Speaking

By Paul V. Esposito

Despite the 1975 enactment of the comparative negligence statute, the primary assumption of risk doctrine still applies to athletic and recreative activities. Grady v. Chenango Valley Cent. Sch.

California Court of Appeal Permits Virtually Present Mother to Attempt to Allege an Emotional Distress Claim

May 3, 2023 / News / Writing and Speaking

By Paul V. Esposito

A mother who heard the sounds of a vehicle crash while talking to her daughter on a cell phone may attempt to proceed with an emotional distress claim. Downey v.

New York Court of Appeals Extends Immunity to Fire Districts for Ordinary Negligence of Volunteer Firefighters

May 2, 2023 / News / Writing and Speaking

By Paul V. Esposito

In a split decision, New York’s highest court has shielded fire districts from liability for the ordinary negligence of volunteer firefighters involved in emergencies. Anderson v. Commack Fire Dist.

Fright Night: Recovering Emotional Distress Damages Absent Accompanying Physical Consequences

March 13, 2023 / News / Writing and Speaking

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.

March 9, 2023 / Writing and Speaking

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

March 6, 2023 / CM Reports / Writing and Speaking

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.

  • Chicago

    Illinois 60603

    10 South LaSalle Street

    Chicago, Illinois 60603

    T: 312.855.1010 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick

  • New York

    New York 10005

    28 Liberty Street 39th Floor

    New York, New York 10005

    T: 212.805.3900 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Carl M. Perri

  • Mission Viejo

    California 92691

    27285 Las Ramblas

    Suite 200

    Mission Viejo, California 92691

    T: 949.260.3100 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

  • Florham Park

    New Jersey 07932

    100 Campus Drive

    Florham Park, New Jersey 07932

    T: 973.410.4130 TF: 800.826.3505 F: 973.410.4169 Office Managing Partner: Carl M. Perri

  • Michigan City

    Indiana 46360

    200 Commerce Square

    Michigan City, Indiana 46360

    T: 219.262.6106 TF: 800.826.3505 F: 312.606.7777 Office Managing Partners: Paige M. Neel, Kimbley A. Kearney

  • Milwaukee

    Wisconsin 53202

    250 E. Wisconsin Avenue

    Suite 1800

    Milwaukee, Wisconsin 53202

    T: 414.279.5525 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: James M. Weck

  • Stamford

    Connecticut 06902

    68 Southfield Avenue

    2 Stamford Landing Suite 100

    Stamford, Connecticut 06902

    T: 203.921.0303 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Matthew J. Van Dusen

  • Tampa

    Florida 33609

    4830 West Kennedy Boulevard, One Urban Center

    Suite 600

    Tampa, Florida 33609

    T: 813.509.2578 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick Co-Managing Partner: Kelly M. Vogt

  • San Francisco

    California 94111

    100 Pine Street

    Suite 1250

    San Francisco, California 94111

    T: 415.287.2744 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

  • Houston

    Texas 77019

    2929 Allen Parkway

    American General Center, Suite 200

    Houston, Texas 77019

    T: 346.229.4612 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Ramy P. Elmasri

  • Dallas

    Texas 75201

    325 N. Saint Paul Street

    Suite 3100

    Dallas, Texas 75201

    T: 469.942.8635 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Ramy P. Elmasri

  • Boca Raton

    Florida 33434

    7777 Glades Road

    Suite 405

    Boca Raton, Florida 33434

    T: 561.765.5305 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick Co-Managing Partner: Kelly M. Vogt