Employee Retirement Income Security Act (“ERISA”) section 514 generally preempts state tort and tort-like lawsuits against self-insured employment-based health care plans. ERISA’s preemption rule also impedes state efforts to regulate and reform their health care systems. ERISA preemption has ...   MORE>>

“It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of light, it was the season of darkness, it was the spring of hope, it was the winter of despair, we have ev...   MORE>>

In Red Sea Insurance Co Ltd v Bouygues SA, the Privy Council held that as a matter of English law, when a wrong is committed overseas, in exceptional circumstances it is possible to sue on a tortious cause of action founded on the law of the place of the wrong that does not exist under the law of th...   MORE>>

I. INTRODUCTION

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>>

I. INTRODUCTION

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>>

I. INTRODUCTION

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>>

I. INTRODUCTION

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>>

I. INTRODUCTION

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>>

I. INTRODUCTION

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>>

I. INTRODUCTION

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>>