NY Court of Appeals: No control = no tort liability

Last Thursday, the New York Court of Appeals unanimously relieved a drug-treatment halfway house of liability for a former resident’s subsequent assault on his mother’s boyfriend. The case, Oddo v. Queens Village Committee for Mental Health for Jamaica Community Adolescent … Continue reading

California: “take-home” liability extends to workers’ households

Kesner v. Superior Court and Haver v. Burlington Northern Santa Fe Railroad are consolidated cases resulting in a single decision by the California Supreme Court holding that California tort law recognizes “take-home” liability in asbestos cases. “Take-home” cases arise when … Continue reading

Limiting business owner liability for third party negligence and crimes

Today, PLF filed an amicus brief in the New Mexico Supreme Court defending business owners from ruinous tort liability.  The case, Rodriguez v. Del Sol Shopping Center, arose when Rachel Ruiz drove her pick-up truck to run errands.  Ruiz suffered from … Continue reading

Massachusetts court prescribes limits on physicians’ duty to third parties

Today the Massachusetts Supreme Judicial Court put a limit on the duty owed by physicians to third parties injured by their patients.  In Medina v. Hochberg, a patient suffered a seizure caused by a rare, inoperable brain tumor, while driving … Continue reading