Articles by Jim Sams

California Supreme Court, Warning of Litigation ‘Deluge,’ Rejects Take-Home COVID Claims

An employer owed no duty of care to the wife of an employee who was hospitalized after contracting COVID-19 that was carried home from the workplace by her husband, the California Supreme Court ruled Thursday. In a unanimous decision, the …

Divided Appellate Panel Upholds Total Loss Valuations Using CCC Software

An insurer that used CCC Intelligent Solutions software to determine the payout for a claimant’s vehicle did not violate a Florida law that sets forth only three methods that auto insurers may use to determine actual cash value, a divided …

Analytics Company Says Sponsored Google Search Returns Driving Litigation Surge

National law firms are investing $10 million to $12 million annually each to direct Google searches to websites that they control in an effort to find new clients to file lawsuits against insurance companies, according to 4Warn, a New Hampshire-based …

BNSF Railway Wins New Trial over $228 Million Jury Award in Biometric Data Case

A U.S. judge on Friday ordered a new trial on damages against BNSF Railway in a privacy class action, in a ruling that wiped out an award of $228 million to truck drivers who accused the freight railway giant of …

Fear Created by Data Breach Suffices for Class-Action Suit to Proceed, 1st Circuit Rules

Former customers of Injured Workers Pharmacy whose personal information was stolen by hackers and allegedly used to file a fake tax return may pursue a class-action lawsuit against the company, a panel of the 1st District Court of Appeal ruled …

Anti-Stacking Provision Limits Liability Coverage for Fatal School Bus Crash

An insurance policy that covered seven vehicles, each with a $1 million per-accident limit, doesn’t provide $7 million in liability coverage for a fatal crash that involved only one of the covered vehicles, an Illinois appellate court ruled Thursday. A …

Fla. ‘Anti-Technical’ Statute Bars Insurer from Denying Claim for Sunken Yacht

Travelers must pay a $2 million claim by the owner of a 92-foot-long yacht that was sunk by Hurricane Irma because Florida law does not allow insurers to deny claims based on inconsequential technicalities. A panel of the 11th Circuit …

TransUnion: Police Gave Out Fewer Tickets as Highway Death Rate Climbed

At the same time as traffic fatalities increased and motorists’ driving habits deteriorated, law enforcement officers were issuing fewer citations for traffic violations, data analytics company TransUnion says in a new report. TransUnion gathers traffic violation data from the courts …

7th Circuit Reverses, Finds Supplier May Be Liable for Asbestos in Packaging

Bruce Johnson, a ceramics artist and teacher, routinely dug through shipping packages stuffed to the brim with vermiculite in order to pull out the pyrometric cones that he used for his work with hot kilns. That packaging material was the …

N.C. Supreme Restores Award to Injured Truck Driver, Reversing Appeals Panel

An injured truck driver described as “pretty tough” by her doctor after she finally sought treatment more than a year after a back injury was eligible for total temporary disability benefits despite the late notice, the North Carolina Supreme Court …