Topic
Every decision we've filed under Tort / Personal Injury.
The Ninth Circuit reversed a district court's dismissal of a negligence claim arising from an accident at a church. The appellate court held that factual disputes regarding breach and causation precluded resolution on a motion to dismiss.
The Eighth Circuit affirmed a district court's grant of summary judgment in a products liability and negligence action involving an industrial boiler explosion. The court held that the plaintiff failed to present substantial evidence negating alternative causes of the accident or proving a defect in the equipment.
The Eleventh Circuit vacated a lower court ruling that had dismissed a negligent hiring claim against a logistics broker based on precedent now abrogated by the Supreme Court. The court affirmed the dismissal of a separate claim against a beverage company for negligently hiring a carrier three levels removed in the supply chain.
The Seventh Circuit affirmed a district court judgment finding that a plaintiff failed to prove negligence in a slip-and-fall incident at a CVS store. The appellate court held that the doctrine of res ipsa loquitur did not apply because exclusive control over the beverage cooler shelf was divided between CVS employees and third-party vendors.
The United States Court of Appeals for the Ninth Circuit affirmed a summary judgment ruling in a product liability case involving a fatal truck collision. The court held that the plaintiff failed to present sufficient evidence of a design defect or to establish that the advanced driver assistance system was unreasonably dangerous.
The Fifth Circuit affirmed a summary judgment ruling in a premises liability case involving a defective garden cart. The court held that the plaintiffs failed to provide sufficient temporal evidence to establish the store's constructive knowledge of the hazard.
The Fourth Circuit vacated a district court dismissal of a fraud and conspiracy complaint against a hospital. The appellate court held that Maryland's general three-year statute of limitations applies to these claims rather than the five-year medical malpractice period.
The Fifth Circuit lacks jurisdiction to review a transfer order after the case has been litigated to final judgment in a sister circuit. The court affirmed the dismissal of a defamation claim against Glassdoor for failing to allege sufficient facts.
The United States Court of Appeals for the Tenth Circuit affirmed the dismissal of a pro se legal malpractice complaint. The court held that the plaintiff waived her right to appellate review by failing to object to the magistrate judge's report and recommendation within the required timeframe.
The United States Court of Appeals for the Fourth Circuit affirmed the lower court's grant of summary judgment in a personal injury case. The appellate panel found no reversible error in the magistrate judge's orders.