Mitigation of Damages Law
 
Monica Johnson v. Costco Wholesale Corporation, et al.

Albuquerque, New Mexico personal injury lawyers represented the Plaintiff who sued on a product liability theory.

This case was filed in the Second Judicial Second Court, D-202-CV-23-07642, and was removed to federal court by Costco.

Under New Mexico law, product creators, distributors, retailers, licensors, and franchisers may be held strictly liable for damages resulting from a... More...
   $0 (03-26-2024 - NM)

Jennifer Witte v. Dolese and Dolese Bros Co., et al.

Oklahoma City, Oklahoma insurance law lawyers represented the Plaintiff who sued on a insurance law theory.

This dispute stems from a wrongful death suit that has already reached judgment in state court. Jennifer Witte, Plaintiff, filed suit on January 14, 2020, against Dolese in the District Court of Cleveland County for the wrongful death of her husband, Neil. Doc. 5: Mtn. at 1; Doc. 1... More...
   $0 (03-26-2024 - OK)

Wesley Neill Black, DDS, P.C. v. Hanover American Insurance Company

Tulsa, Oklahoma insurance law lawyers represented the Plaintiff who sued on a bad faith breach of insurance contract theory.

Black operated a dental office in Tulsa County, Oklahoma, and employed an office manager who had allegedly engaged in extensive employee theft, misappropriation of funds, and fraud.

The Defendant, Hanover American Insurance Company (“Hanover”) issued a ... More...
   $0 (03-26-2024 - OK)

Luis Dvid Ruiz v. Allied Van Lines, Inc., et al.

Las Vegas, Nevada personal injury truck wreck lawyer represented the Plaintiff who sued on an auto negligence theory.

This case was filed in the 8th Judicial District Court, A-22-853257-C, and was removed to federal court by Allied Van Lines, Inc. et al.

Under Nevada law, a car accident victim can only recover damages if their percentage of fault is less than 50%. If a victim is... More...
   $1 (03-26-2024 - NV)

Deborah L. McCarthy and Emily J. Hadley v. Allstate Fire & Casualty Insurance Company

Tacoma, Washington insurance law lawyer presented the Plaintiff who sued on a bad faith breach of insurance contract theory.

RCW 48.30.015
Unreasonable denial of a claim for coverage or payment of benefits.
(1) Any first party claimant to a policy of insurance who is unreasonably denied a claim for coverage or payment of benefits by an insurer may bring an action in the superior c... More...
   $0 (03-26-2024 - WA)

Irma S. DeCastillo v. First National Insurance Company of America

Richland, Washington insurance law lawyer represented the Plaintiff who sued on a bad faith breach of insurance contract theory.

RCW 48.30.015
Unreasonable denial of a claim for coverage or payment of benefits.
(1) Any first party claimant to a policy of insurance who is unreasonably denied a claim for coverage or payment of benefits by an insurer may bring an action in the superi... More...
   $0 (03-26-2024 - WA)

Natalie Brucella v. Metropolitian Life Insurance Company

West Palm Beach, Florida insurance law lawyer represented the Plaintiff who sued on a bad faith breach of insurance contract theory.

Florida‟s “bad faith” law allows an insured person or someone who has been injured by an insured person to recover damages from an insurer for failing to settle a claim in good faith when the insurer could and should have done so.

... More...
   $1 (03-25-2024 - FL)

Brittany Ramirez v. Indochino Apparel, Inc.

Los Angeles, California personal injury lawyers represented the Plaintiff who sued on a negligence theory.

This case was filed in the Los Angeles Superior Court, 23STCV22093, and was removed to federal court by the Defendant.

There are four basic elements of negligence under California state law: duty, breach, causation, and damages. Duty demonstrates the expectation to use reas... More...
   $0 (03-25-2024 - CA)

Evelyn Teichner v. State Farm General Insurance Company

Los Angeles, California insurance law lawyer represented the Plaintiff who sued on a bad faith breach of insurance contract theory.

An insurance company has a legal duty to uphold its obligations under the terms of the policy. If they fail to do so, they breach the contract and may be liable for damages. A bad-faith breach of contract claim, generally, must be brought within four years fr... More...
   $1 (03-25-2024 - CA)

Amanda Wilson v. Cahoon Enterprises, LLC and Hayden Scott Parks

Fargo, North Dakota personal injury lawyer represented the Plaintiff who sued on auto negligence theories.

North Dakota is a modified comparative negligence state It allocates fault to all parties involved, thus reducing how much each party can recover from the car accident. Since North Dakota is a modified comparative negligence state, drivers can claim damages so long as they were only ... More...
   $0 (03-25-2024 - ND)

Troma Riss v. Ecklund Logistics, Inc., et al.

Minneapolis, Minnesota personal injury lawyers represented the Plaintiff who sued the Defendants on auto negligence theories.

Minnesota follows the “comparative negligence” rule. Under this system, a plaintiff's compensation can be reduced by a percentage that equals their share of fault in causing the accident. If a plaintiff is found to be more than 50% at fault, they are barred fro... More...
   $1 (03-24-2024 - MN)

Ronald Pour, Sr. v. Liberty Mutual Insurance Company

Minneapolis, Minnesota insurance law lawyers represented the Plaintiffs who sued on a bad faith breach of insurance contract theory.

604.18 INSURANCE STANDARD OF CONDUCT.
Subdivision 1.Terms.

For purposes of this section, the following terms have the meanings given them.

(a) "Insurance policy" means a written agreement between an insured and an insurer that obligates... More...
   $0 (03-24-2024 - MN)

Michael Griffith, Sr., et al. v. Steffan Viernes, et al.

Sacramento, California personal injury lawyer represented the Plaintiff on an auto negligence theory.


Under this law, the amount of compensation an injured party can receive is determined by their level of fault in relation to the accident. For example, if a court determines that the injured party is 20% at fault, their total damages award will be reduced by 20%.... More...
   $0 (03-22-2024 - CA)

William Weisberg v. UNUM Life Insurance Company of America

San Francisco, California insurance law lawyer represented the Plaintiff who sued on a bad faith breach of insurance contract theory.

An insurance company has a legal duty to uphold its obligations under the terms of the policy. If they fail to do so, they breach the contract and may be liable for damages. A bad-faith breach of contract claim, generally, must be brought within four years ... More...
   $0 (03-22-2024 - CA)

Vivian Hernandez v. State Farm Fire and Casualty Company

Fort Smith, Arkansas insurance law lawyer represented the Plaintiff who sued on a bad faith breach of insurance contract theory.

This case was filed in the Circuit Court, Sebastian County, Arkansas, 66FCV-23-01157, and was removed to federal court by the Defendant.

The elements on a bad faith claim in Arkansas are:

Plaintiff has sustained damages, the insurance company a... More...
   $1 (03-22-2024 - AR)

Hubert Bertram Corbett, et al. v. Steven Clarence Armstrong and Georgia Power Company

Montgomery, Alabama personal injury car wreck lawyers represented the Plaintiff who sued on auto negligence theories.

Alabama adopted a pure contributory negligence statute, which means a plaintiff is barred from recovering ANY damages if they're even 1 percent responsible for causing their accident. Let's look at an example of an Alabama contributory negligence auto accident: Raymond is ... More...
   $0 (03-21-2024 - AL)

David Sandiford v. Stryker Sales, Inc.

Waycross, Georgia personal injury lawyer represented the Plaintiff who sued the Defendant on a product liability theory.

Stryker is a global leader in medical technologies and, together with our customers, we are driven to make healthcare better. We offer innovative products and services in MedSurg, Neurotechnology, Orthopaedics and Spine that help improve patient and healthcare outcomes.... More...
   $0 (03-21-2024 - GA)

Gloria Gregory v. Hartford Insurance Company of the Midwest

Tampa, Florida insurance law lawyer represented the Plaintiff on a bad faith breach of insurance contract theory.

This case was filed in the 12th Judicial Circuit, 2023-CA-006688, and was removed to federal court by Hartford Insurance Company of the Midwest.

Florida‟s “bad faith” law allows an insured person or someone who has been injured by an insured person to recover d... More...
   $0 (03-21-2024 - FL)

Natasha K. Dominguez v. Landstar Systems, Inc., et al.

Las Vegas, Nevada personal injury truck wreck lawyers represented the Plaintiff who sued on auto negligence theories.

This case was filed in the District Court, Clark County, Nevada, A-22-855311-C, and was removed to federal court by Landstar System, Inc. et al.

Under Nevada law, a car accident victim can only recover damages if their percentage of fault is less than 50%. If a v... More...
   $0 (03-21-2024 - NV)

Anthony Imperati v. MS Gill Trucking, Inc.

New Haven, Connecticut personal injury lawyer represented the Plaintiff who sued on an auto negligence theory claiming $925,000 in damages.

Connecticut is a comparative negligence state. Under this law, it's possible to recover damages in a car accident even if you are partially at fault. To do this, you must be under 50% at fault for the accident.

... More...
   $0 (03-20-2024 - CT)

Tiffany Gruetzmacher v. Vamar, Inc., et al.

Casper, Wyoming personal injury truck wreck lawyer represented the Plaintiff who sued the Defendants on auto negligence theories.

“At Fault” and the “51% Bar” Rules in Wyoming Per this rule, the court allocates a percentage of fault to each driver involved in a car accident, and any driver 50% or less at fault is awarded damages, which are reduced according to that driver's percen... More...
   $0 (03-20-2024 - WY)

Steven Manning and Sheila Manning v. First National Insurance Company of America

Seattle, Washington insurance law lawyers represented the Plaintiffs who sued on bad faith breach of insurance contract theories.

RCW 48.30.015
Unreasonable denial of a claim for coverage or payment of benefits.
(1) Any first party claimant to a policy of insurance who is unreasonably denied a claim for coverage or payment of benefits by an insurer may bring an action in the super... More...
   $1 (03-20-2024 - WA)

Daniel Reed v. Storey Trucking Company, Inc.

Little Rock, Arkansas personal injury truck wreck lawyer represented the Plaintiff who sued on an auto negligence theory.

Negligence, the legal theory behind most injury lawsuits, is the violation of a duty owed to another individual. In other words, to do something (or not do something) a "reasonable person" wouldn't (or would) do -- such as driving drunk or failing to ensure the safety ... More...
   $1 (03-20-2024 - AR)

Domingo Romero Palomares v. Employers Mutual Casualty Company

Little Rock, Arkansas insurance law lawyer represented the Plaintiff who sue on a bad faith breach of insurance contract theory.

This case was filled in the Circuit Court, Pulaski County, 60CV-23-05894, and was removed to federal court by the Defendant.

The elements on a bad faith claim in Arkansas are:

Plaintiff has sustained damages, the insurance company acted in bad ... More...
   $1 (03-20-2024 - AR)

Rhoddy Dance v. Sharkey Transportation, Inc.

Indianapolis, Indiana personal injury truck wreck lawyers represented the Plaintiff who sued on an auto negligence theory.

This case was filed in the Marion Superior Court 2, 49D02-2110-CT-036154, and was removed to federal court by the Defendants.

Indiana follows the rule of modified comparative fault, which is also used by 32 other states. Under Indiana law, you may recover dam... More...
   $1 (03-20-2024 - IN)

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