Publications
In a design defect case, expert testimony is required and necessary, particularly because the question of causation is beyond the common knowledge and experience of an average jury.
The plaintiff fell from a stepladder that he purchased from Home Depot. The record revealed that the ladder was manufactured by a separate entity.
Case Law Alerts, 2nd Quarter, April 1, 2016
New Jersey Appellate Division reaffirms that the mode of operation doctrine does not apply without a relationship between the substance that caused the plaintiff’s fall and a self-service component of the defendant’s business.
The plaintiff slipped and fell on liquid dish detergent that had spilled onto the floor approximately three feet from the checkout counter.
Case Law Alerts, 2nd Quarter, April 1, 2016
Application of Carmack Amendment for stolen freight.
The plaintiff, TMC—a transportation broker—filed a complaint alleging state law and Carmack Amendment causes of action against A1 Trucking Service, LLC—a motor carrier—that it had entered into a Contract Carrier Agreement f
Case Law Alerts, 2nd Quarter, April 1, 2016
Pennsylvania Supreme Court declines review of the Venosh opinion, which refused to extend the confidentiality provisions of the Peer Review Protection Act to an investigation initiated by a health insurance provider.
The Pennsylvania Supreme Court has denied review of Venosh v.
Case Law Alerts, 2nd Quarter, April 1, 2016
New Jersey Appellate Division reinforces same specialty requirements for expert testimony and refuses to save plaintiff’s claims by applying res ipsa loquitur.
The plaintiff underwent a robotic assisted prostatectomy performed by the defendant, a board certified urologist.
Case Law Alerts, 2nd Quarter, April 1, 2016
Validity of liquidated damages clause must be determined prospectively as of the time of signing, not retrospectively, as eventually applied.
The municipality awarded a bid to Boone Coleman.
Case Law Alerts, 2nd Quarter, April 1, 2016
The limitations period on challenging an amendment to a restrictive covenant applies even though the amendment is alleged to be void because it was invalidly enacted.
Homeowners in the Paradise by the Sea subdivision filed suit in 2015 against the subdivision’s governing body to invalidate 2001 and 2005 amendments to its original restrictive covenants.
Case Law Alerts, 2nd Quarter, April 1, 2016
Pennsylvania Supreme Court’s Tincher decision held not to alter the law governing vehicle crashworthiness cases.
The plaintiff was operating a Ford vehicle when he was in a head-on collision. He attributed his injuries to a defect in the vehicle because the air bag did not deploy.
Case Law Alerts, 2nd Quarter, April 1, 2016
The absence of a building code violation does not translate to the absence of a construction defect.
The Appellate Division ruled that the developer and general contractor were liable for violations of the Consumer Fraud Act despite not violating a single, applicable building code.
Case Law Alerts, 2nd Quarter, April 1, 2016
Without privity and no-third party beneficiary breach of contract claim, there is no standing for a breach of fiduciary duty claim.
The plaintiff, a residual beneficiary of an inter vivos trust, brought a breach of fiduciary duty claim against the defendant, the decedent’s attorney.
Case Law Alerts, 2nd Quarter, April 1, 2016