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Daily Business Review

Appellate Court: Unintentional Police K-9 Attacks Still Subject to Liability

The Second District Court of Appeals has sided with a Dunedin man, finding he can proceed with a negligence suit against the Pinellas County sheriff after he was unintentionally attacked by a police K-9 during a public event.
5 minute read

Connecticut Law Tribune

No Expert Needed: Judge OKs Slip-and-Fall Suit vs. Costco, Finding Danger Posed by Wet Floor Common Knowledge

The court also rejected Costco's argument that expert testimony was needed to establish whether the wet floor posed a danger.
4 minute read

Texas Lawyer

Attorney Fighting Alleged Bitcoin Scam Calls Legal Malpractice Claim Frivolous

"We think there are greater forces at play in a couple of lawsuits in New York," the attorney said. "This lawsuit is meant to derail that litigation."
5 minute read

Law.com

Federal Judge: Insurers Not Obligated to Cover Ex-Law Firm Partner's Criminal Defense Fees

Schulman filed a separate lawsuit in district court against insurance carriers that issued professional liability policies to the law firm after he was denied coverage for his defense fees incurred in connection with the indictment.
6 minute read

Law.com

6th Circuit Says Landowner Has Standing to Challenge Plans to Remove Dam, Citing 'Risk of Future Harm'

A divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit has followed a number of other federal courts in eminent domain litigation, giving legal standing to a landowner in Michigan to challenge plans to remove a dam near her property.
5 minute read

New York Law Journal

Cognitive Awareness as a Prerequisite for Damages Under PHL 2801-d

New York Public Health Law §2801-d provides a private cause of action for nursing home residents injured as a result of any deprivation of their rights that cause an injury. This article addresses the question of whether a PHL 2801-d claimant must demonstrate some level of cognitive awareness that he or she was deprived of the right as a prerequisite to recover noneconomic damages. The First and Third Departments of the Appellate Division split on this issue in decisions handed down in 2021. The First Department answered "yes," and the Third Department "no."
8 minute read

Law.com

Skilled in the Art With Scott Graham: Fish & Richardson Readies for Round 4 of Willfulness Battle + CAFC's Newest Judge Gets One Last Say on Fee Shifting

Halo Electronics argues that a jury's finding of willful infringement has to be something more than a mere advisory verdict.
9 minute read

National Law Journal

Chief Justice Roberts, Justice Breyer Disagree on Damages in Warring Views of Treatises

Chief Justice John Roberts Jr.'s view prevailed Thursday in the court's 6-3 ruling rejecting emotional distress damages under the Rehabilitation Act and the Affordable Care Act.
4 minute read

Daily Business Review

$7.7 Million Broward Jury Verdict for Man Injured in Elevator

Plaintiff counsel were Miami attorney Todd Poses and his father, Mark, of Poses and Poses P.A.
5 minute read

Law.com

First 2 State Supreme Courts Join Federal Appeals Courts in Rejecting COVID-19 Business Interruption Claims

The Massachusetts Supreme Judicial Court and the Iowa Supreme Court became the first state high courts in the country last week to decide whether businesses can recover COVID-19-related business losses under their insurance policies.
9 minute read

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