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Personal Injury

Claim plausibly alleged vs. non-diverse defendant (access required)

Where defendants sued for their alleged responsibility for a motor vehicle accident argued that one company was improperly named as a defendant, but the record showed a potential basis for liability against that company, its presence destroyed diversity jurisdiction and ...

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Court clarifies government contractor defense in asbestos suit (access required)

Where an engineering manufacturer intends to rely upon the government contactor defense in an asbestos suit, it must present evidence of the government’s knowledge about the asbestos hazards presented by the manufacturer’s products or equipment, and not just the government’s ...

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False police report suffices for emotional distress claim (access required)

Where a man was twice arrested for charges based on a woman’s allegedly false reports and he claims to have suffered post-traumatic stress disorder even after the charges were dismissed, his suit for intentional infliction of emotional distress survived the ...

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Polo association defeats claims by player accused of bullying (access required)

Where a polo player was investigated for allegedly directing a racial slur toward a minor and then bullying him, but was cleared of the charges, his subsequent defamation, breach of contract and emotional distress claims against the investigating organization were ...

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Decedent’s estate awarded $250,000 in UM benefits (access required)

Where a man killed in an automobile accident had $1.5 million in uninsured and underinsured, or UM coverage, motorist coverage, and his estate accepted a $1.25 million wrongful-death settlement from the responsible driver’s carriers, the estate is awarded $250,000 in ...

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