Palsgraf v. Long Island Railroad is unquestionably the most famous case in American tort (which includes personal injury) law, at least as far as lawyers and law students are concerned. It deals with ...

In this article, Laura B. Dowgin and Thomas J. Maroney discuss the 'Burlington Insurance v. NYC Transit Authority' case and how case law regarding the duty to defend has been affected since the ...

Proximate cause is a necessary element in tort law, but also applies to claims of breach of commercial contract. In a recent decision by Justice Barry R. Ostrager in MUFG Union Bank, N.A. v. Axos Bank ...

In their Trial Practice column, Robert S. Kelner and Gail S. Kelner of Kelner & Kelner write that although comparative negligence, no matter how extreme, is not a defense to liability under Labor Law ...

Bass, Berry & Sims attorney Chris Lazarini examined a case in which a wrongful death action was brought against J.P. Morgan and related entities after the death of a former broker. Following the ...

The initial step to a solution is correctly identifying the problem. If the true nature of a problem isn’t determined, any implemented solution will be ineffective. So obvious, it can precipitate a ...

Yesterday’s argument in County of Los Angeles v. Mendez was, in a word, unsatisfying. The question of governmental liability for a law enforcement shooting of innocent individuals is extremely ...

As I posted here, the March 4 oral argument in Smith & Wesson Brands v. Estados Unidos Mexicanos appeared to go well for S&W and not well for Mexico. Mexico's lawsuit seeks to hold America's federally ...

I have had occasional calls from clients reporting, “Vandals have broken into my home and stolen a bunch of stuff.” Whoa! Thieves are thieves and vandals are vandals – the terms are not synonymous.

My friend caused a vehicular accident and hit a 5-year-old boy who was then unsupervised by his parents. My question is simple: can we shift the liability to the parents of the boy, who were negligent ...