In an interesting decision, the Maryland Court of Appeals decided to retain the traditional doctrine of contributory rather than comparative fault. Se
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negligence
Mold Economic Injury Claim Rejected
The issue of mold-related litigation remains of interest to our readers, perhaps even more so in the aftermath of the widespread damage from Sandy. Re…
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Product Seller (Still) Has No Duty To Protect From Criminal’s Use Of Product
Country music fans among our readers may recall the Garth Brooks’ song “Longneck Bottle.” That tune, from his CD “Sevens,” reached…
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State Supreme Court to Consider Comparative Negligence Doctrine
Here’s a case to watch, especially for those with tort cases in Maryland. Coleman v. Soccer Assoc. of Columbia, et al. (Md., Sept. Term 2012, No. 9). …
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State Supreme Court Reverses Dangerous Expansion of Product Liability
The California Supreme Court held last week that the law does not impose liability on manufacturers of equipment used in conjunction with asbestos-con…
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Two Summary Judgments for Ladder Defendants Affirmed
Ladders and scaffolds are two of the most valuable tools we know. And as the season for decorating approaches, we know MassTortDefense will soon be ut…
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Alleged Chemical Release Did Not “Speak for Itself”
Contractors working at a refinery who were allegedly exposed to chemical fumes cannot rely on the venerable res ipsa loquitur theory because their cla…
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Beverage Maker Not Liable for Alleged Failure to Warn
The maker of a drink containing alcohol and caffeine was not liable to a woman allegedly injured when the driver of the motorcycle on which she was a …
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State Court Finds No Duty to Spouse of Exposed Worker
Delaware’s supreme court held last month that an employer owes no duty of care to an employee’s spouse, who allegedly contracted asbestos-related dise…
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Negligence Ruling in Florida Chinese Drywall Litigation
The judge overseeing one part of the litigation involving Chinese drywall — the Florida class action — has issued an important ruling on the neglige…
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