March 2017 in the Fourth Circuit Court of Appeals
May 24, 2017
Each month, Nexsen Pruet attorney Marc Manos, a member of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the area of Torts & Insurance.
Below are noted cases from March 2017:
Hollis v. Lexington Ins. Co.
Case No. 16-1533 (Unpublished) (3/22/2017): Under Pennsylvania law, if there is one single proximate, uninterrupted cause which results in all damages, there is only once occurrence. Despite a large number of alleged negligent acts and injured persons, only on misfired firework caused all the injuries so only one occurrence under the policy.
Sharma v. USA International LLC
Case No. 15-2188 (Published) (3/17/2017): Fraud claim arising from sale of restaurants inside a Wal-Mart under Virginia law. The court reversed summary judgment based upon lack of damages evidence that fit one of the three accepted methods of business valuation. Plaintiffs non-expert evidence of weekly gross sales and monthly earnings before interest, taxes, depreciation and amortization created an issue of fact for the jury as to damages.
Blankenship v. Consolidation Coal Co.
Case No. 15-2480 (Published) (3/9/2017): In claim for trespass, nuisance, negligence and related torts arising from “dewatering” process of an underground mine, CERCLA statute of limitations did not preempt state statute of limitations for tort claims and court upheld ruling that claims were time barred.
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