Federal Court Considers Jurisdiction Over Japanese Autonomous Auto Accident
9/18/20
By: Wes Jackson
On September 8, 2020, a federal court in California heard arguments as to whether it will exercise jurisdiction over a wrongful death lawsuit against Tesla. While the case presents an interesting forum non conveniens issue, it is …
Loss of Earnings Calculations – Experts – Damages – California
12/16/19
By: Chuck Horn
California just changed the law on recovery of loss of earnings. Traditionally counsel, and experts, would look to the actual earnings history of the plaintiff, or plaintiff’s decedent, in the years before the accident or injury. Subpoenas …
Serving That Whiskey Might Be Risky – Liability Of Social Hosts In DUI Accidents
2/15/19
By: Stacey Bavafa
Under California Civil Code Section 1714, social hosts and other third parties may be held to be partially liable in the event of a drunk driving accident depending on the circumstances that led up to the accident. …
A Holly(cal) Jolly (Almost) Christmas
12/28/18
By: Zach Moura
In what is sure to be the beginning of a slew of cases litigating coverage for injuries caused by drones, the U.S. District Court for the Central District of California recently issued an opinion denying coverage under …
Is Georgia Game for Growing Bad Faith Liability?
7/17/18
By: Jessica Samford
As discussed in my last blog on bad faith, seeking bifurcation can be a proactive means to distinguish the issue of coverage from the issue of bad faith and appropriately manage the all too often unwieldy …
Beware The Egg Shell Plaintiff
2/13/18
By: Jared K. Hodges
Recently, a jury from a historically conservative venue in Georgia awarded $2.7 million to a man who claims he was injured in a 4 m.p.h. rear-end collision. This unusual verdict should serve as an expensive reminder …
1/24/18
By: Seth F. Kirby
On January 22, 2018 a Tesla Model S slammed into a parked fire truck on California’s 405 near Culver City. The driver of the Tesla stated that prior to the accident he had the car’s autopilot …
Construction Defects Can In Fact Be Accidents
7/24/13
By: Jonathan Kandel
The Supreme Court of Georgia has further clarified the scope of coverage for construction defect claims under commercial general liability (CGL) insurance policies. In Taylor Morrison Services, Inc. v. HDI-Gerling America Insurance Company, No. S13Q0462 (Ga. July …
The Marketing Risks of Insurance Related Litigation
10/4/12
By: Seth Kirby
Nationally syndicated radio host Clark Howard recently targeted auto insurer Progressive in his “Clarkrageous Moment,” a segment in which he expresses his outrage over various topics. In this instance, his outrage stemmed from an auto accident in …