Results

We won summary judgment in the U.S.D.C. for the Middle District of Florida in a first-party coverage case challenging the prompt notice of an insurance claim. The plaintiff alleged extensive damage to the insured premises, including the alleged need to tear out and access the cast iron plumbing for its full replacement following a toilet overflow at the property. The plaintiff failed to report the loss for 20 months following the alleged date of loss.

The petitioner filed a claim petition within the New Jersey Division of Workers’ Compensation seeking benefits and alleging employment with a trucking company. However, the petitioner had previously obtained an occupational accident policy in the role of an independent contractor. When filing the workers’ compensation petition, counsel for the petitioner erroneously named the occupational accident policy carrier as carrier for the trucking company.

The suit involved the death of an infant following a visit to an urgent care facility. It was alleged the child was improperly discharged following examination and should have been emergently transferred to a hospital for evaluation of peritonitis and a malrotation of the gut. Dismissal was granted on the basis of the plaintiff’s failure to timely comply with the statutory pre-suit requirements prior to bringing the lawsuit.

The lawsuit involved claims of child abuse committed by a pastor that occurred during church-based camp activities. We obtained a dismissal of all counts for abuse filed by all plaintiffs against our client, one of the church defendants. Our client did not employ the pastor when the abuse occurred and had no knowledge of the claims asserted.

We obtained dismissal in New York Supreme Court, Westchester County, on behalf of a grocery store in a negligence case. The plaintiff was delivering bakery products to the grocery store when he was struck in the eye with a bottle thrown by an unknown individual. The plaintiff brought suit against the grocery store for negligence. The unknown individual was not employed by the grocery store. Grocery store employees were assisting a mother and child who were being followed by this unknown individual and escorted the individual out of the store.

We obtained dismissal, with prejudice, of a wrongful death and survival action against a home aide care service. The plaintiff filed an action alleging that employees of our client transmitted COVID-19 to his elderly parents and that, as a result, both of the plaintiff’s decedents passed away.

The alleged incident occurred outside of a school construction site. We received a favorable decision of a pre-answer motion to dismiss the plaintiff’s complaint while simultaneously succeeding in defending against the plaintiff’s cross-motion seeking leave to file a late notice of claim. The plaintiff filed a summons and complaint, alleging a trip and fall over several cinderblocks located outside of a construction site.

We obtained a defense verdict in a two-week jury trial in Middlesex County, New Jersey, in a case against a tavern alleged to have violated the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act (aka The Dram Shop Act).

We convinced the Commonwealth Court to affirm a workers’ compensation judge’s decision. The judge had denied the claimant’s petition to review a Utilization Review (UR) determination and rejected the claimant’s argument that the judge was barred from ruling on UR petitions by the rules of collateral estoppel and issue preclusion.

We persuaded the Pennsylvania Supreme Court to deny a claimant’s petition for allowance of appeal. In this workers’ compensation matter, the claimant challenged the constitutionality of Act 111 and its Impairment Rating Evaluation (IRE) provisions.