Publications
Third-party purchaser may not be liable for assessments accrued prior to the date the purchaser takes title to a property.
Over the past two years, there has been much debate over the interpretation and applicability of F.S. §720.3085 regarding the past due assessments owed by a third-party purchaser who acquires a residence through the foreclosure process.
Case Law Alerts, 4th Quarter, October 2015
Counsel’s relevant, albeit critical, analysis of the client/insured in a memorandum to the insurer seeking settlement authority did not constitute legal malpractice.
The Appellate Division affirmed the trial court’s holding that the defendant, an insurance defense counsel, did not breach any duty owed to the plaintiff, his former client, in representing him in an underlying legal malpractice action.
Case Law Alerts, 4th Quarter, October 2015
Rejected: Economic loss doctrine defense to negligence claims against insurance broker seeking purely economic damages; insurance brokers fall within professional liability exception to the rule.
The plaintiff, a building contractor, sued his insurance broker for breach of contract and negligence based on the broker’s failure to purchase liability insurance to cover roofing operations.
Case Law Alerts, 4th Quarter, October 2015
U.S. Supreme Court holds that a pretrial detainee raising an excessive force claim need only show that the officer’s use of force was objectively unreasonable.
Michael Kingsley, a pretrial detainee, was warned multiple times during his stay at the Monroe County Jail to remove a piece of paper covering his light fixture in his cell.
Case Law Alerts, 4th Quarter, October 2015
SEPTA is not subject to a local anti-discrimination ordinance.
The Southeastern Pennsylvania Transportation Authority (SEPTA) sought a declaratory judgment that, as a Commonwealth agency, it is not subject to the City of Philadelphia’s anti-discrimination ordinance, but only to the provisions of the Pen
Case Law Alerts, 4th Quarter, October 2015
The FTC has authority to sue companies for failure to maintain proper cyber security practices as “unfair” practices.
In this matter, the Third Circuit found that the FTC has authority to regulate cyber security as “unfair” practices under Section 45(a) of the Federal Trade Commission Act (Section 45(a)).
Case Law Alerts, 4th Quarter, October 2015
A posting on a website is not a document filed pursuant to the Securities Exchange Act.
The plaintiff filed a complaint alleging a violation of Section 18 of the Securities Exchange Act of 1934 related to inaccurate information posted on the defendant’s website which the plaintiff relied on to his detriment.
Case Law Alerts, 4th Quarter, October 2015
FINRA panel finds that date for purposes of determining eligibility for arbitration is the investment purchase date.
The claimant filed an arbitration involving various allegations associated with the respondents’ recommendation of four high-risk illiquid investments.
Case Law Alerts, 4th Quarter, October 2015
Motion to dismiss employer’s termination petition denied; prior decision established claimant as a displaced worker.
Claimant’s counsel filed a motion to preclude the Board from hearing the employer’s petition seeking to terminate total disability benefits on the grounds that it was barred by the legal doctrines of res judicata and collatera
Case Law Alerts, 4th Quarter, October 2015
Affirmed: dismissal of petition to determine compensation due; contract of hire made in Texas, not Delaware.
The claimant’s accident and work-related injury did not occur in Delaware.
Case Law Alerts, 4th Quarter, October 2015