Searching Content indexed under Personal Injury by Morrison & Foerster LLP ordered by Published Date Descending.
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New Jersey Supreme Court Questions Ethics Of "Friending" A Litigation Foe
Attorneys often research adverse parties online to obtain potentially useful—and publicly available—evidence for use in a case.
United States
28 Apr 2016
Definitely Not Zen – Magnets Attract Unprecedented Action From CPSC
The last weeks of March brought us two interesting and seemingly contradictory opinions that show the many tools that the Consumer Product Safety Commission (CPSC) has at its disposal to enforce its own regulations.
United States
18 Apr 2016
Effort To Hide Facebook Evidence By Deactivating Account Ends Badly For Louisiana Man
As social media has become ubiquitous, courts are wrestling with more discovery disputes involving social media accounts.
United States
19 May 2015
The Law And Business of Social Media - Status Updates - May 1st, 2015
Are the photos and status updates that you post to your social media accounts discoverable regardless of the privacy settings you choose?
United States
6 May 2015
Alabama Legislature Says No To Innovator Liability
On April 29, 2015, the Alabama Senate passed a bill, SB80, "to provide that a manufacturer is not liable . . . for damages resulting from a product it did not design, manufacture, sell, or lease." Sponsored by Senator Cam Ward, the bill supersedes the Alabama Supreme Court’s controversial holding in Wyeth, Inc. v. Weeks, No. 1101397, 2014 WL 4055813 (Ala. Aug. 15, 2014).
United States
6 May 2015
Recovery For Negligent Infliction Of Emotional Distress Under California Law Gains A Greater Clarity
Determining the set of circumstances sufficient to permit recovery for serious emotional distress caused by the negligence of another when there is no physical injury has proved to be a difficult task.
United States
4 Mar 2015
Narayanan v. British Airways: Ninth Circuit Says The Montreal Convention’s Statute Of Limitations May Begin To Run Before Claim Accrues
On March 19, 2014, the Ninth Circuit issued its ruling in Narayanan v. British Airways, No. 11-55870, holding that the two-year statute of limitations set forth in Article 35(1) of the Montreal Convention begins to run when an aircraft arrives (or ought to have arrived) at its destination, even if the claim to which the statute is being applied has not yet accrued at that time.
United States
27 Mar 2014
Don’t Bet On Finding Personal Jurisdiction Where The Injury Is Felt; The Supreme Court Further Restricts The Scope Of Specific Personal Jurisdiction: Walden v. Fiore
The unanimous opinion reversed the Ninth Circuit’s holding that Nevada had specific personal jurisdiction over an out-of-state defendant who had known the alleged harm would affect residents of Nevada.
United States
3 Mar 2014
Driving On Both Sides Of The Road: Supreme Court Hears Bartlett Oral Argument
The Supreme Court heard oral argument yesterday in the much-anticipated Mutual Pharmaceuticals v. Bartlett case, No. 12-142 (on appeal from the First Circuit Bartlett v. Mutual Pharms. Co., 678 F.3d 30 (1st Cir. 2012)).
United States
2 Apr 2013
Cal/OSHA Regulations Are Now Evidence of Negligence Per Se in Third-Party Tort Actions
The California Supreme Court recently ruled in Elsner v. Uveges (2004) 34 Cal. 4th 915, that the regulations of the California Occupational Safety and Health Act ("Cal/OSHA") are admissible in negligence actions against private third parties. This overturns a long-standing rule in existence since the inception of the Cal/OSHA program and may lead to significant liability for employers, and, at the least, more entanglement in lawsuits in the future.
United States
6 Apr 2005
Supreme Court Examines the Alien Tort Statute: Oral Argument in the Alvarez-Machain Cases
On March 30, 2004, the United States Supreme Court heard oral argument in two companion cases that raise fundamental questions about the modern meaning of a 1789 statute that has spawned dozens of cases charging individuals and major multinational corporations with complicity in human rights abuses around the globe.
United States
20 Apr 2004
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