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Delaware Judge Bars Town of Newport Commissioner from Taking Office

By William Larson

May 10, 2021

Considering a rarely invoked provision, the Delaware Superior Court interpreted a Delaware Constitutional provision prohibiting individuals convicted of certain crimes from holding elected office. President Judge Jan R. Jurden granted the State of Delaware’s motion to bar former Town of Newport (“Newport”) Police Chief Michael Capriglione from taking office as a Newport Town Commissioner despite his election to the position earlier this year in State of Delaware, Ex. Rel. Kathleen Jennings, Attorney General v. Michael …

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Defending Commercial Vehicle Accident Civil Claims with Companion Criminal Litigation: A Balancing Act

By Meredith I. Stivers

April 22, 2021

When trucking or commercial vehicle accidents occur, there is a substantial likelihood of property damage, personal injury, and potential catastrophic harm to drivers, passengers, or pedestrians. When there is a question of fault involved, competing interests between the injured parties, the insurance carriers, and law enforcement will undoubtedly arise. Drivers and their employers may face both civil and criminal litigation contemporaneously. Therefore, the company’s driver and counsel for the trucking company must carefully consider their…

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Supreme Judicial Court Adopts But-for Causation Test in Most Negligence Cases and Its Impact on Toxic Tort Litigation

By Christos I. Koutrobis

April 9, 2021

The Massachusetts Supreme Court recently issued a decision in Doull v. Foster in which it adopted the “but-for” standard for causation in negligence cases. The Court held that the but-for test is the appropriate standard for Massachusetts courts to employ in the vast majority of negligence cases involving multiple alleged causes of harm, almost completely eliminating the substantial factor test for causation. It did, however, carve out from that standard cases with multiple sufficient causes,…

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Removal, Remand, and Appeal: A Weedy Issue of Orders, Statutory Language, and Jurisdiction Under SCOTUS Review

By Matthew T. Giardina

April 7, 2021

The United States Supreme Court is expected to resolve a critical circuit split this term concerning a defendant’s right to appeal orders of remand based on several grounds when removal from state to federal court is triggered by federal officer or civil rights jurisdiction. To do this, the Court must examine the plain language and legislative intent of at least six different provisions contained in Title 28 of the United States Code, clarify the duties…

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Expanding specific jurisdiction factors, Supreme Court cautions against “anything goes” interpretation

By Candice C. Kusmer

March 31, 2021

The United States Supreme Court’s March 25 opinion in Ford Motor Co. v. Montana Eighth Judicial District Court, et al., 592 U.S. ____ (2021), has been highly anticipated by consumers and corporate defendants alike. Ford’s argument in the companion Minnesota and Montana cases was intriguing: even where a foreign defendant admits it has “purposefully availed” itself of the privilege of conducting activities within a state, can the forum court maintain specific jurisdiction if such conduct…

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The Legal Impact of Severe Winter Weather on Trucking and Transportation Companies

By Alexander Baker

March 11, 2021

Over the past weeks a majority of states in the United States have experienced severe winter weather that has impacted the lives of millions of Americans. With severe winter weather comes dangerous driving conditions and increases in deadly accidents. In response to the recent winter storm damage experienced throughout the country and the historic shut downs in Texas, the Federal Motor Carrier Safety Administration (FMCSA) issued a regional emergency declaration covering 33 states and the…

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The Critical Role of Litigators in Commercial Vehicle Accident Investigations

By Matthew T. Giardina

February 12, 2021

In the last several months, MG+M’s Transportation Practice Group has been retained to protect the interests of trucking companies whose drivers were involved in significant highway accidents. This is nothing new for the attorneys who comprise MG+M’s robust trucking and transportation counseling and defense practice. However, the recent actions of MG+M’s Emergency Response teams that were deployed to accident scenes have solidified the immense utility to our clients of placing litigators at a truck’s location…

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Can Physical Abuse Be Sufficient to Preclude Insurance Coverage Under an Abuse and Molestation Policy Exclusion?

By Hilda A. Akopyan

December 3, 2020

In a recent August 2020 decision, the Supreme Court of Massachusetts in. (SJC-12856) determined that molestation policy exclusions do not preclude coverage arising out of alleged assault in personal injury claims. The Court found that the term “physical abuse” was ambiguous in a homeowner’s insurance policy and a personal injury claim arising out of a physical altercation was not sufficient to trigger an abuse and molestation policy exclusion for the coverage of a bodily injury…

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Effects of COVID-19 on the Cruise Ship Industry and Legal Ramifications on Other Sectors

By Daniel Rousseau

November 19, 2020

As the COVID-19 pandemic continues to sweep across the United States and the world, it affects every industry and sector of business, including the cruise ship industry. Earlier this year, television and print media were littered with stories and videos of cruise ships quarantined at sea with passengers and crew unable to dock at port and return home. As the full scope of the pandemic came into view, the cruise ship industry, including Carnival and…

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Legal Issues Posed by Sweeping Changes to the California Workers’ Compensation Act by Executive Order N-62-20: A Primer for Employers

By Elizabeth G. Sutlian-Mardikian

August 7, 2020

Approximately three months into the unprecedented pandemic that drastically altered the way of life worldwide, states cautiously began lifting stay-at-home orders. California, one of the states hit hardest by the COVID-19 pandemic, was among these states. The gradual reopening of California’s economy was cut short as a spike in COVID-19 cases in early July 2020 resulted in Governor Gavin Newsom ordering that certain businesses with indoor operations, such as restaurants and movie theaters, cease indoor…

Manning Gross + Massenburg LLP

Manning Gross + Massenburg LLP Blogs

Blog Authors

Delaware Judge Bars Town of Newport Commissioner from Taking Office

Defending Commercial Vehicle Accident Civil Claims with Companion Criminal Litigation: A Balancing Act

Supreme Judicial Court Adopts But-for Causation Test in Most Negligence Cases and Its Impact on Toxic Tort Litigation

Removal, Remand, and Appeal: A Weedy Issue of Orders, Statutory Language, and Jurisdiction Under SCOTUS Review

Expanding specific jurisdiction factors, Supreme Court cautions against “anything goes” interpretation

The Legal Impact of Severe Winter Weather on Trucking and Transportation Companies

The Critical Role of Litigators in Commercial Vehicle Accident Investigations

Can Physical Abuse Be Sufficient to Preclude Insurance Coverage Under an Abuse and Molestation Policy Exclusion?

Effects of COVID-19 on the Cruise Ship Industry and Legal Ramifications on Other Sectors

Legal Issues Posed by Sweeping Changes to the California Workers’ Compensation Act by Executive Order N-62-20: A Primer for Employers

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