Riley Brennan

January 25, 2023 | Law.com

That rule requires an insurer to defend all claims brought against an insured if at least one claim falls within the scope of the insurer's duty to defend, but the appeals said it "makes little sense" to extend that concept beyond the insurance context.

By Riley Brennan

5 minute read

January 24, 2023 | The Legal Intelligencer

"Mrs. O'Brien's interest in appealing the discovery order is no different from any party seeking to keep relevant, inculpatory evidence out of court," the appeals court said. "That interest—common to all civil defendants—does not constitute a right too important to be denied immediate review under Pa.R.A.P. 313(b)."

By Riley Brennan

4 minute read

January 24, 2023 | The Legal Intelligencer

"Mrs. Corey established a prima facie case of corporate negligence, that the hospital violated its duty to oversee all persons who practice medicine within its walls as to patient care, when it failed to administer the appropriate testing of her husband upon his arrival at the emergency room," the majority concluded.

By Riley Brennan

7 minute read

January 23, 2023 | Law.com

A plaintiff's inability to reimagine a safer minivan was part of what doomed a products liability lawsuit against FCA, the maker of Fiat and Chrysler automobiles. The U.S. Court of Appeals for the Sixth Circuit, upholding a district judge's grant of summary judgment to FCA, was not persuaded by what the plaintiff argued would have been a safer design for a Chrysler minivan.

By Riley Brennan

4 minute read

January 20, 2023 | Law.com

After a lower court denied a plaintiff's motion to substitute as untimely, the South Carolina Court of Appeals reversed, saying the meaning of "reasonable time" in the governing statute is unclear.

By Riley Brennan

7 minute read

January 20, 2023 | The Legal Intelligencer

In a Jan. 18 press release, the JCB made no mention of the previous chief counsel, Francis Puskas, who took over the role in February 2022 and apparently departed last fall.

By Riley Brennan

2 minute read

January 20, 2023 | Law.com

In a case of first impression addressing the application of the Virginia Abandoned Vehicle Act, the Virginia Court of Appeals overrode a jury verdict that had found an auto body shop and its owner jointly liable for converting a customer's vehicle.

By Riley Brennan

5 minute read

January 18, 2023 | The Legal Intelligencer

"Our disposition of this case may not, however, serve as the basis to open the floodgates for other wine expanded permit holders to engage in the same practices as licensee, nor does it allow licensee to continue these practices," the appeals court said in reversing citations and fines against a restaurant owner.

By Riley Brennan

6 minute read

January 17, 2023 | The Legal Intelligencer

"There is nothing abstract about the harm of being confined to an institutional environment with allegedly deficient hiring, retention, supervision, and incident response policies—policies that have, according to the [first amended complaint], caused plaintiffs to suffer repeated incidents of abuse and that by all accounts remain in place," U.S. District Judge Anita Brody wrote.

By Riley Brennan

6 minute read

January 12, 2023 | The Legal Intelligencer

"We find appellants' counsel's deflection of responsibility onto the trial court to be disingenuous and his lack of understanding of appellate practice appalling," the Superior Court said.

By Riley Brennan

4 minute read