Liability

Western States Battle Over Legislation as Berkshire Hathaway Seeks Wildfire Liability Shields for Utilities

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As multiple western states grapple with the escalating frequency and ferocity of wildfires, a major corporate player, Berkshire Hathaway, has been aggressively promoting legislation that could reshape the financial landscape of disaster accountability. Operating through its subsidiary PacifiCorp, which services several states, Berkshire Hathaway seeks to limit its financial liability and streamline its defense mechanism in wildfire-related court cases. The company’s strategic legislative push focuses on reducing potential payouts to wildfire victims and capping the liability if its utility equipment sparks a blaze. This move has stirred a rapid and robust response from various quarters, … Read more

$1.5 Million Award Slashed in Tree Branch Injury Case Due to Public Entity Liability Cap

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St. Louis, MO — A local jury recently awarded Phillip Lacey over $1.5 million after he was injured by a falling tree branch while sitting at a bus stop in Lindenwood Park. However, this figure was later adjusted to just over half a million dollars due to Missouri’s legal caps on damages against public entities. The incident, which occurred in June 2022, resulted in severe injuries for Lacey, including a fractured skull and neck, as well as fractured orbital bones and ankle. These injuries stemmed from a large branch breaking off a pin oak tree … Read more

UNC and N.C. State Face Potential ‘Massive Liability’ as Court Allows Student Fee Lawsuit to Advance

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CHAPEL HILL, N.C. — In a pivotal legal decision, the North Carolina Supreme Court has allowed a lawsuit involving the University of North Carolina and North Carolina State University to go forward, challenging the concept of sovereign immunity in certain contractual agreements with students. This ruling, dated March 21, overturns a previous judgment by the North Carolina Court of Appeals. The court’s latest opinion highlighted the presence of an express contract rather than an implied contract as previously considered by lower courts. The essence of this legal dispute centers around whether the universities had formed … Read more

New EU Directive Reshapes Product Liability: Expanded Definitions and Shifted Burden of Proof Could Herald Surge in Mass Tort Claims

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London — In a recent legal analysis, Buvini Kularatne, a prominent London-based finance and restructuring partner, discussed significant updates to the European Union’s product liability laws, explaining how these changes are designed to address the complexities of modern technology, including digital services and artificial intelligence. In her article for “Global Turnaround,” Kularatne examines the EU’s new Directive on Liability for Defective Products (PLD), poised to reshape the legal landscape across Europe. The revised directive aims to modernize the existing framework to better accommodate the needs of the digital age. A particularly critical update is the … Read more