California, like most states, has enacted a statute (Civil Code section 846) which provides that property owners have no duty to maintain their premises in a manner that makes them “safe” for recreational users of the land. The statute was intended to encourage landowners to make their property available for recreational use without fear of … Continue Reading
The Florida Supreme Court has adopted mediation rules for all appellate courts, including circuit courts acting in their appellate capacity, district courts of appeal and the Supreme Court of Florida. Under the new rules(.pdf), the appellate court, on its own motion or that of a party, may refer a case to mediation at any time. … Continue Reading
Governor Arnold Schwarzenegger has named Associate Justice Tani Cantil-Sakauye of the California Court of Appeal as his choice to replace the retiring Hon. Ronald M. George as Chief Justice of the California Supreme Court. Governor Schwarzenegger praised Justice Cantil-Sakauye’s record in announcing the nomination: Justice Tani Cantil-Sakauye has a distinguished history of public service and understands … Continue Reading
Snow and ice are a fact of life in Chicago during the winter months. So what duties of care do government agencies, individuals and businesses have in relation to dealing with winter conditions? The Illinois Supreme Court addressed this important issue late last week in Krywin v. The Chicago Transit Authority [pdf]. Illinois has long followed the … Continue Reading
California Chief Justice Ronald M. George has announced today that he will be retiring from the Court, effective January 2, 2011. We will have a profile of this great California jurist soon.… Continue Reading
The Illinois Supreme Court announced yesterday afternoon that it will release two opinions [pdf] on the morning of Thursday, July 15th, including one civil case: No. 108888, Krywin v. Chicago Transit Authority, which presents the issue of whether the “natural accumulations rule,” which provides that a business owner generally has no duty to take precautions … Continue Reading
In late March, I blogged on an important new case from the Tenth Circuit reaffirming the economic loss rule. Last week, the Indiana Supreme Court handed down a major decision in a construction case, reaffirming this important principle of business law. According to the economic loss rule, where a plaintiff has suffered merely economic loss – … Continue Reading
Earlier this week, we discussed “advice and consent.” Can Senators legitimately ask a Supreme Court nominee about a hot button issue and expect a direct answer? Do Senators have the right to vote up or down on a particular nominee for purely political reasons? Now we turn from the question of what the confirmation process should … Continue Reading
Two Texas ranchers had a long-standing feud. During a drought, 13 of plaintiff’s cattle strayed from plaintiff’s ranch to defendant’s property along a dry river bed. Defendant rounded up the cattle and sold them, despite warnings from the ranch hands that the cattle were not his. Plaintiff brought a conversion action and prevailed at trial. … Continue Reading
