We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results:1-10 of 42

Comparative Negligence No Longer Bars Plaintiff From Award of Summary Judgment in New York
  • K&L Gates
  • USA
  • May 8 2018

On April 3, 2018, a sharply divided Court of Appeals ruled that plaintiffs in comparative negligence cases do not need to show they are free of


Insurance predictions 2018: Auditors of failing banks will continue to feel the pressure
  • Clyde & Co LLP
  • USA
  • December 28 2017

Accounting firms must vigorously seek to protect the viability of comparative negligence defense. In the 1980s, the savings and loan (S&L) crisis saw


When Plaintiff Conduct Matters
  • Reed Smith LLP
  • USA
  • September 18 2017

We previously addressed the in pari delicto doctrine, whereby a plaintiff injured in the course of his or her criminal conduct cannot recover for


Maryland’s highest court rules it would be contrary to legislative mandates for the Maryland judiciary to abrogate the contributory negligence doctrine
  • Wilson Elser
  • USA
  • July 31 2013

Some members of the legal community are pleased with the court's decision, while others remain dissatisfied. Although the contributory negligence


Maryland high court retains contributory negligence doctrine in soccer injury suit
  • Shook Hardy & Bacon LLP
  • USA
  • July 18 2013

Maryland's high court has rejected a request that it adopt the comparative negligence doctrine and thus allow plaintiffs found negligent in part for


Birge v. Charron clarifies application of Florida's comparative negligence standard to rear-end collisions
  • Baker Donelson Bearman Caldwell & Berkowitz PC
  • USA
  • December 4 2012

On November 21, 2012, the Florida Supreme Court issued an opinion ostensibly intended to clarify the presumption of liability in rear-end collisions in Florida.


State supreme court to consider comparative negligence doctrine
  • Shook Hardy & Bacon LLP
  • USA
  • July 11 2012

Here's a case to watch, especially for those with tort cases in Maryland.


Exceeding Authority; Manifest Disregard for the Law
  • Jorden Burt LLP
  • USA
  • April 28 2011

CCent. Mont. Rail v. BNSF Ry. Co., No. 05-00116 (9th Cir. Mar. 18, 2011) (affirming the district court’s confirmation of an arbitration award because the conditions for vacatur were not met; the arbitrators had not exceeded their authority nor manifestly disregarded the law).


Court of Appeals explores obvious danger doctrine
  • Dechert LLP
  • USA
  • March 8 2011

The 5th Circuit last week affirmed a grant of summary judgment to defendants in a case of a plaintiff allegedly injured when he used a gasoline-soaked rag to start a diesel engine while wearing a polyester and cotton uniform.


Cheeseheads enact sweeping tort reform
  • Dechert LLP
  • USA
  • February 2 2011

We confess, between the unrest in Egypt and the unremitting hype leading up to the Super Bowl, we've let Wisconsin's new tort reform law sit for a few days.