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North Carolina

Insurance Law
Compendium
...Appeals has issued inconsistent decisions as to whether a scienter requirement exists in order to void a policy for a misrepresentation in the application. The North Carolina Court of Appeals...

Louisiana

Transportation Law - 2019
Compendium
...produce evidence within his reach renders it appropriate to presume that the evidence would have been detrimental to his case. See Randolph v. General Motors Corp., 93-1983 (La. App. 1st...

The Lasso Way: We Want a Tie

Publications/News
...text available at 1999 U.S. App. LEXIS 9182), the U.S. Court of Appeals for the Fourth Circuit ruled in a Maryland environmental liability case that insurers had not created a...

Did I Do That? Adjoining Landowner Liability

Publications/News
...to apply the doctrine of strict liability to cases within the nexus of construction work.[20] Florida Florida applies § 520 of the Restatement (Second) Torts in order to determine if...

Illinois

Construction Law
Compendium
...tort concept that applies only to reckless or intentionally tortious conduct that causes physical harm to a person or property, it has no application to a non-tort claim such as...

Texas

Hospitality & Retail - 2021
Compendium
...from appellee’s alleged spoliation of evidence. Gregg v. Walgreen Co., 2021 WL 1881158, at *2 (Tex. App.—Houston [14th Dist.] May 11, 2021, no pet.). Appellant fell in appellee’s store, the...

Wisconsin

Labor & Employment
Compendium
...of appeals chose not to enforce the confidentiality covenant, holding that it was overly broad. The court of appeals focused on the covenant’s “all data and information relating to the...

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