Earlier this month, one state’s supreme court issued a written opinion discussing the availability of damages for a student-plaintiff who was not employed at the time of the accident but expected to obtain employment after graduation. In the case, Fecke v. Board of Supervisors of Louisiana State University, the court…
Earlier this month, an appellate court in Kentucky issued an interesting opinion that is of interest to anyone dealing with a difficult insurance company after a Maryland car accident. In the case, Holloway v. Direct General Insurance Company, the court determined that the plaintiff’s bad-faith claim against the insurance company,…
Earlier this month, an appellate court in Virginia issued a written opinion in a product liability case that ended up reversing a jury’s verdict in favor of the plaintiff. In the case, Holiday Motor Corp. v. Walters, the court set aside the jury’s verdict because the car manufacturer did not…
In a recent case in front of a state appellate court, a jury’s verdict in favor of a manufacturer of an allegedly defective smoke detector was affirmed, leaving the plaintiffs with no means of recourse. In the case, Hosford v. BRK Brands, the plaintiffs’ allegations were all based on various…
Earlier this summer, the Nebraska Supreme Court ruled that a land surveyor was not liable for injuries suffered by a man who tripped and fell on a wooden stake used to mark the property’s boundaries. The stake was tied with a ribbon and stood approximately one foot above the ground.…
Earlier this month, an appellate court in Idaho heard a medical malpractice appeal brought by the husband of a woman who had died from a serious infection she developed after being treated by the defendant doctor. In the case of Ballard v. Kerr, the court ultimately dismissed the defendant’s appeal and upheld…
Different types of personal injury cases have different procedural requirements. For example, medical malpractice cases in most jurisdictions require that the plaintiff provide some affidavit or other expert opinion explaining that the plaintiff’s case has merit in the expert’s opinion. Medical malpractice cases also often have shorter statutes of limitations…
Earlier this month, an appellate court in Idaho issued an opinion in a medical malpractice case that illustrates how strictly courts construe statutes of limitations in medical malpractice cases. In the case, English v. Taylor, the court determined that the plaintiffs’ amended complaint, rather than the motion for leave to…
Under a product liability theory, manufacturers can be held liable for dangerous products that they release into the stream of commerce. However, not only can manufacturers be held liable, but also retailers and distributors may be held liable under certain circumstances. When a court considers a product liability case, there…
Over the course of the last few years, General Motors has recalled over 26 million vehicles, spanning over 55 models. This series of recalls, the largest in U.S. history, covers all but three of GM’s main vehicle models. Many of the vehicles that were recalled had serious problems with the…