Articles by Jim Sams

MMA Lawyers Say they Were Duped, Argue Long Suspensions Unwarranted

Three former attorneys for the McClenny Moseley & Associates are urging a judge to lift a nine-month suspension that bars them from practicing in the federal Western District of Louisiana and pin blame for the law firm’s ethical issues on …

Appellate Court Rejects ‘Fishing Expedition’ Discovery Request to Home Depot

A Texas appellate court threw out a trial court order that approved a plaintiff’s overly broad discovery request in an employee’s personal injury lawsuit against Home Depot. A panel of the 9th Court of Appeals in Beaumont vacated a judge’s …

WCRI: Inflation Not a Big Deal for Workers’ Comp, Yet

While fast-rising prices in the past year drove up claim costs for auto and property insurers, inflation has been a more ho-hum affair for the workers’ compensation line and health care in general, according to a new report by the …

Maritime Law Doesn’t Allow Negligent Contractor to Limit Liability

A construction company whose barges came loose from their moorings during Hurricane Sally and damaged the Pensacola Bay Bridge will have to cope with some 900 claims by businesses and other parties that say they suffered economic damages while the …

7th Circuit Revives Class Action Against PayPal Charity Site Blocked by Arbitration

A federal appellate court revived a potential class action lawsuit against PayPal filed by a disgruntled charity donor who alleges that the payments company misled her and others about how their charitable contributions would be used. The 7th Circuit Court …

Insurer’s Failure to Cancel Motor Carrier’s Insurance Certificate Did Not Continue Coverage

Coverage from a commercial auto policy does not remain in effect after the policy’s expiration date merely because the insurer failed to give proper notice to the Department of Motor Vehicles that it was canceling a certificate of insurance, the …

Del. High Court: Insurer Can’t Recover for Water Damage Caused by Tenant’s Errant Drone

Sathiyaselvam Thangavel’s hijinks with a drone caused more than $77,000 in damage to the apartment building where he lived, but his landlord’s insurer can’t recover that money from Thangavel even though he signed a lease saying he is solely responsible …

Ill. Supreme Ct. Refuses to Reconsider BIPA Ruling, Despite Warning About ‘Astronomical’ Penalties

The Illinois Supreme Court on Tuesday refused to reconsider its 4-3 decision that found violations of the state’s Biometric Privacy Act occur each time an unauthorized scan is made, rejecting arguments that such an interpretation will lead to astronomical damage …

No Coverage for Investor Losses Caused by Blue Bell’s Listeria Outbreak

A 2015 Listeria outbreak linked to ice cream sold by Blue Bell Creameries hospitalized 10 people and killed three. While those injuries and deaths were certainly “bodily injuries,” a lawsuit filed by investors against Blue Bell’s board of directors for …

Ore. Supreme Ct. Refuses to Expand Exception to Exclusive Remedy

A law passed by the state legislature in 2001 to address a court decision that created an exception to workers’ compensation exclusive remedy did not create a new exception, the Oregon Supreme Court ruled. In a unanimous decision Friday, the …