On October 1, 2021, the Ninth Circuit Court of Appeals ruled in favor of MG+M client The Boeing Company (“Boeing”) in an appeal of an order that remanded the case to state court. The Ninth Circuit reversed the district court’s
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New California Law Expands Non-Economic Damages in January 2022
On October 1, 2021 Governor Newsom approved Senate Bill Number 447 (“SB 447”) amending the California Code of Civil Procedure to permit damages for a decedent’s pain, suffering, or disfigurement to be recovered in an action brought by the decedent’s…
CA Senate Bill 447 Expanding Non-Economic Damages in Wrongful Death Suits on Newsom’s Desk
Senate Bill 447 (“S.B. 447”), which proposes a change to the current California law to allow recovery of noneconomic damages, such as pain and suffering, after a plaintiff dies is headed to the governor’s desk after the state Senate approved…
Supreme Court settles circuit split over remand orders under 28 U.S.C § 1447(d)
Defendants may have greater access to federal appeals courts thanks to a recent Supreme Court decision concerning district court remand orders. The Supreme Court recently settled a circuit split over the authority of federal appeals courts to review district court…
Delaware Judge Bars Town of Newport Commissioner from Taking Office
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…
Defending Commercial Vehicle Accident Civil Claims with Companion Criminal Litigation: A Balancing Act
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,…
Supreme Judicial Court Adopts But-for Causation Test in Most Negligence Cases and Its Impact on Toxic Tort Litigation
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…
Removal, Remand, and Appeal: A Weedy Issue of Orders, Statutory Language, and Jurisdiction Under SCOTUS Review
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…
Expanding specific jurisdiction factors, Supreme Court cautions against “anything goes” interpretation
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…
The Legal Impact of Severe Winter Weather on Trucking and Transportation Companies
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…