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Passengers in Vehicle Causing Injury May Be Liable for Not Helping Victim
Carving out a limited exception to the "innocent bystander" rule, a New Jersey appeals court says a passenger may have a duty to summon help after an accident if the driver fails to do so. Central to the court's ruling was the finding that the passengers were far more than innocent bystanders, whose passive inaction traditionally is not a basis for liability. Rather, they left a motorcyclist struck by their car in the road without summoning help, and he died after being struck by a second car.Judge Tosses Clean Air Suit Against Pennsylvania
A federal judge has dismissed an environmental group's suit that sought an injunction prohibiting the sales of any new vehicles in Pennsylvania that do not meet California's stringent emissions requirements because the Pennsylvania Department of Environmental Protection has allegedly failed to enforce its emissions standards. The suit was fatally flawed because courts will not entertain a "citizen suit" under the Clean Air Act unless the plaintiff can point to specific violations of emissions standards.11th Circuit Ruling in Viatical Case a Defeat for Insurers
In a defeat for the insurance industry, the 11th U.S. Circuit Court of Appeals has affirmed a lower court ruling barring 17 insurers from canceling policies due to a massive fraud investigation into Florida viatical company Mutual Benefits Corp. Last week the appellate court upheld a U.S. District Court dismissal of the insurers' lawsuit for failure to show specific fraud. The 11th Circuit affirmance is a huge victory for 30,000 investors who would have lost over $100 million if the policies were voided.California courts have had a lot to say in recent years about class certification and mandatory arbitration—but they've skirted questions that would put state policy in direct conflict with evolving federal law.
Dilworth Brings in Lawyers For White Collar Practice
David M. Laigaie left Miller Alfano & Raspanti in 2005 with the �express task� of creating a white collar practice at Dilworth Paxson.Terror on Trial: ABA House of Delegates to Hear Proposals on Al Qaeda and Ethics
ABA House of Delegates to Hear Proposals on Al Qaeda and EthicsThe legal rights of accused Al Qaeda terrorists and further amendments to the Rules of Professional Conduct will be the chief topics discussed by the American Bar Association House of Delegates, who will descend upon Philadelphia next Monday as part of the ABA`s annual mid-year meeting.Trending Stories
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