Prosser and Keeton define the common carrier duty as requiring “the utmost caution characteristic of very careful prudent men or the highest degree of vigilance, care, and precaution.” Whether an owner or operator of an elevator or escalator is deemed a common carrier is an is...   MORE>>

As a general rule, a commercial product seller must provide adequate instructions and warnings to consumers regarding the potential risks associated with their products. These instructions and warnings provide consumers with information that allows them to use a product safely and...   MORE>>

In the realm of civil litigation, specifically with regards to collecting past medical expenses that have been paid or incurred, tort reform and healthcare changes have created considerable differences from state to state. The question that presents itself is as follows: Can the c...   MORE>>

Plaintiffs who complain of aches and pains throughout their bodies despite any objective findings to account for those aches and pains often claim to be suffering from post-traumatic fibromyalgia. The medical bills and lost wages mount, plaintiffs advance complaints of life-alteri...   MORE>>

Since deregulation of the trucking industry, competition in the “for hire” segment of that industry has become increasingly competitive. Many motor carriers continue to utilize the traditional approach of directly soliciting freight from shippers for all, or at least most, of ...   MORE>>

When resolving consumer fraud class actions, judges must balance the goals of protecting consumers from corporate fraud and abuses and protecting businesses from predatory litigation. When the relevant consumer protection law requires plaintiffs to show reliance on the alleged mis...   MORE>>

The issues involved in most bad-faith cases tend to be fairly complex. This is not completely surprising – especially in circumstances where action is precipitated by strong disagreement between the two sides regarding some insurance issue. Apart from potential concerns that a j...   MORE>>

In the last several years, food safety has become a growing national concern. Whether it is killer spinach, tainted ground beef products or some type of food that contains objects that do not belong in it, American consumers are increasingly concerned and litigious about the meal ...   MORE>>

Bad faith claims take many forms. In most cases, they are based either on the insurer’s refusal to accept coverage or on missteps in the handling and defense of the claim, as where an excess verdict results after an insurer fails to settle for within policy limits. Increasingly,...   MORE>>

Neuropsychological injury claims are made by persons who assert that they have suffered neurological damage and psychiatric sequelae as a result of trauma to the brain, regardless of whether there was actual contact with the brain in the incident itself. This article was inspired ...   MORE>>