The primary assumption of the risk doctrine does not apply when a student-plaintiff injures themselves during a PE touch football game because participation was mandatory.
Cases of Interest
Jul
Idaho District Court lacked personal jurisdiction over an English aerospace company in an action brought by plaintiffs from Louisiana and Indiana that stemmed from a plane crash in Indiana.
Jul
Pursuant to Pennsylvania Fire Ins. Co. of Philadelphia v. Gold Issue Mining & Milling Co., 243 U.S. 93 (1917), Pennsylvania courts can exercise personal jurisdiction over any cause of action brought against out-of-state entities that register to do business in Pennsylvania without offending the Due Process Clause of the Fourteenth Amendment.
Jun
The safe-harbor provision for the spoliation of electronic evidence does not shield a party from sanctions if the evidence was altered or destroyed when the party was objectively on notice that litigation was reasonably foreseeable.
The trial court can order the production of raw data and audio recordings by the defendants’ neuropsychologist and transfer raw data and audio recordings of the examination to the plaintiffs’ attorney subject to the transmission protective order.