Notwithstanding a clear mandate in the legislative history of CPLR Article 9 (“mass exposure to environmental offences”), mass tort class actions have, typically, not been certified by the Appellate ...
Learn about unintentional torts like negligence, the three conditions needed to prove them, and how they impact injury, ...
The gist of the action doctrine does not bar a viable tort claim between two parties related by a contract. Earlier last year, the U.S. Court of Appeals for the Third Circuit in SodexoMAGIC v. Drexel ...
Can clients seek compensation for domestic violence from their spouses in a parallel tort action as opposed to addressing these issues exclusively in divorce proceedings … or is that a double dip? In ...
This appeal to the New Zealand Supreme Court concerned strike out of a claim in tort (comprised of three causes of action) relating to damage caused by climate change. The question was whether the ...
Coming soon to a federal courthouse near you--a chilling complement to our economic malaise: class actions against financial institutions, which will add to our economic woes. Many of these filings ...
The last few years have seen a debate arise among Canadian tort law firms on whether to maintain the traditional class action approach in Canada or to move towards more of an American model. Russ Howe ...