The Sixth Circuit reviewed an indemnification agreement in a shipping contract to determine the definition of “sole negligence.” The indemnification clause read:  Case Law Alerts, 3rd Quarter, July

Generally, litigation funding loans are not discoverable in personal injury actions. These are “loans” given to injured plaintiffs as an advance on any settlement or verdict they might obtain. These “loans” are not subject to usury rates. Case Law Alerts, 3rd Quarter, July 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

The court found that nothing in the text or legislative history of New Jersey’s Insurance Fraud Prevent Act (IFPA) explicitly or implicitly prohibits arbitration of claims brought under the statute. Case Law Alerts, 3rd Quarter, July

The plaintiff filed suit against the defendant, alleging negligence in a motor vehicle accident where the defendant’s vehicle struck the plaintiff’s after the defendant disregarded a stop sign. Case Law Alerts, 3rd Quarter, July

Robert Hampton purchased up to $15,000 in underinsured motorist coverage from Progressive for losses incurred in 2023. Steven Vicioso caused his car to collide with Hampton’s car on March 5, 2023. Case Law Alerts, 3rd Quarter, July

The plaintiff filed suit, seeking damages under various theories of liability after the defendant struck and injured the plaintiff, who was a pedestrian, with his motor vehicle. Case Law Alerts, 3rd Quarter, July

An auto accident occurred on October 23, 2018, in Newark, Ohio. On October 22, 2020, the appellants—Jon Emory, Caleb Emory and Tina Emory—filed a complaint against the defendant, Bailey. Case Law Alerts, 3rd Quarter, July

In Deliz, the plaintiff presented an expert witness to testify that the most likely cause of the motor vehicle accident was that the defendant had drifted into the plaintiff’s lane, thereby causing the accident. Case Law Alerts, 3rd Quarter, July

In Hernandez, the plaintiff alleged he was injured by a vehicle operated by the defendant upon entering the street. Case Law Alerts, 3rd Quarter, July

The plaintiff filed a suit after the defendant backed up her vehicle and struck the plaintiff’s vehicle. Case Law Alerts, 3rd Quarter, July