Publications
New Jersey Equine Activities Liability Act does not bar a fall from a mule.
The plaintiff fell after attempting to mount a mule that walked away. The dismissal was reversed as the claim was not barred.
Case Law Alerts, 3rd Quarter, July 2016
A release of liability, waiver of claims, express assumption of risk and indemnity agreement may be enforceable under substantive admiralty law.
On April 28, 2016, the United States District Court for the District of New Jersey granted the defendant’s motion for summary judgment against the plaintiffs after finding that a release of liability, waiver of claims, assumption of risk and
Case Law Alerts, 3rd Quarter, July 2016
Federal law does not preempt a state law negligent failure to warn claim based upon a drug manufacture’s failure to advise of specific birth defects.
The plaintiffs recovered a jury verdict based upon the defendant drug manufacturer’s failure to warn health care providers of the risks of specific birth defects associated with the use of Topamax during pregnancy.
Case Law Alerts, 3rd Quarter, July 2016
Issuance of bills of lading and use of a National Motor Freight Classification® bill of lading and class limitation is detrimental to the shipper’s motion for summary judgment on liability.
A shipment of 26 lots of pre-paid cellular phones for delivery to a retail chain’s various locations across the country were stolen during a driver’s stop.
Case Law Alerts, 3rd Quarter, July 2016
Court affirms dismissal of medical malpractice claim with prejudice due to the running of the statute of limitations, based on assertions made in notice of intent regarding the date plaintiff became aware of the negligence.
The Second District Court of Appeals affirmed dismissal of the plaintiff’s medical malpractice complaint as untimely because she failed to file it within two years of when she became aware of the possibility that medical negligence had occur
Case Law Alerts, 3rd Quarter, July 2016
A viable fetus can recover for conscious pain and suffering under Pennsylvania’s Survival Act.
Judge Nealon of the Lackawanna County Court of Common Pleas held that a board-certified neonatal and perinatal medicine expert is competent to render an opinion that a fetus at 33.4 weeks gestation is sufficiently developed for conscious perceptio
Case Law Alerts, 3rd Quarter, July 2016
The heightened standard for expert testimony under MCARE only applies to medical doctors licensed by the State Board of Medicine.
The Superior Court was faced with the issue of whether a board-certified orthopedic surgeon met the qualification requirements of the MCARE Act to render a standard of care opinion against a board-certified podiatrist.
Case Law Alerts, 3rd Quarter, July 2016
The Bilt-Rite exception to the economic loss doctrine does not apply to a service contractor who merely provided information used to troubleshoot or repair an HVAC system after it was installed.
As part of a renovation construction project, a new air conditioning system was installed at the Franklin Institute in Philadelphia.
Case Law Alerts, 3rd Quarter, July 2016
District Court Judge finds that no individual liability exists under the ADA.
The plaintiffs, self-appointed advocates for the disabled, habitually assessed and documented parking access violations at public accommodations.
Case Law Alerts, 3rd Quarter, July 2016
CEPA’s one-year statute of limitations begins to run on last date of employment when claim is premised upon a claim of wrongful termination.
The plaintiff filed a CEPA whistleblower complaint against the defendants, alleging retaliation and that he was coerced into executing an agreement that required his resignation.
Case Law Alerts, 3rd Quarter, July 2016