Earlier this month, an appellate court in Maine issued a written opinion in a case filed by a man against a local government, alleging negligence for failing to maintain a safe property near the city hall. In the case, Deschenes v. City of Sanford, the court ultimately dismissed the case because…
Earlier this month, the Maryland Court of Appeals issued a written decision in a case brought by a woman who claimed that she suffered exposure to lead while living in the defendant’s property over 20 years ago. Since the plaintiff moved out of the defendant’s property, it had been torn…
Whenever a landowner invites others onto their land, the landowner assumes a duty of care to that person. Most commonly, this duty requires that the landowner take reasonable precautions to ensure that there are no dangerous conditions on their property that could result in injury to their guest. However, as…
When a company operates a factory or other operation for a long period of time in the same area, unanticipated consequences can arise from the pollutants expelled from the operation. However, under state and federal laws, companies that operate factories or other facilities in an area have a duty to…
Earlier this month, the Oregon Supreme Court issued an opinion determining that a city employee is not considered an “owner” of city property and thus, may be held liable for his negligent actions that result in another’s injury. In the case, Johnson v. Gibson, the court’s ruling will permit the…
Any time a patient seeks medical care, they are doing so with the hope and expectation that what they are seeking to be provided with will be adequate. This is nowhere more so the case than when a family chooses the doctor who will help them through their pregnancy and ultimately deliver their…
Earlier this month, a Mississippi appellate court dismissed a negligence action against an Alabama university, based on the fact that the case was filed in an inappropriate jurisdiction, and the court did not have the authority to transfer the case to a more appropriate court. In the case, Ramsey v.…
Earlier this month, health care products giant Johnson & Johnson was ordered to pay out roughly $72 million to one woman over allegations that the company’s talcum powder caused her ovarian cancer. According to one local news source reporting on the case, the case relied not just on the fact…
Earlier this month, one state’s supreme court issued a written opinion in a birth injury case that had been dismissed by the lower court because the plaintiff failed to serve the defendant with notice of the lawsuit in a timely manner. In the case, Collins v. Westbrook, the plaintiff was…
Earlier this month, a state supreme court issued an opinion in a medical malpractice case, preventing a plaintiff’s case from moving forward based on the plaintiff’s failure to comply with the state’s medical expert requirement in medical malpractice lawsuits. In the case, Easterling v. Kendall, the court did not allow…