Publications
Independent due diligence blunts justifiable reliance argument in real estate purchase transaction.
The Pennsylvania Superior Court recently affirmed the trial court’s dismissal of intentional misrepresentation, negligent misrepresentation, and fraud in the inducement claims asserted against a sales agent who prepared a prospectus and the owner
Case Law Alerts, 1st Quarter, Janu
Out-of-possession contractor who creates condition that causes physical injury to third party may be liable to third party even though landowner was aware of condition and previously accepted contractor’s work.
In this Commonwealth Court level wrongful death case, the trial court granted motions for summary judgment filed by the defendant architect, contractor and subcontractor.
Case Law Alerts, 1st Quarter, Janu
Right to adequate medical care under 42 USC § 1983 is clearly established constitutional right when need is “obvious,” even if jail officer allows nurse to examine and nurse finds no serious medical need.
A detainee complained of knee pain and was visibly displaying difficulty standing. The jail officer had a nurse examine the detainee, and the nurse found no serious need for medical care.
Case Law Alerts, 1st Quarter, Janu
In insurance coverage disputes, the only proper entity to bring suit against it is company underwriting subject insurance policy.
The plaintiffs sued Federal Insurance Company, Chubb INA Holdings, Inc. and Chubb Group Holdings, Inc. for denying business interruption coverage, even though Federal Insurance Company was the sole underwriter of the plaintiffs’ policy.
Case Law Alerts, 1st Quarter, Janu
Erroneous execution of “Connecticut Consent Form” for election of uninsured motorist coverage does not bind insurer if insured proves intent to reject coverage.
The District Court held that, even though Ryder Systems, Inc.
Case Law Alerts, 1st Quarter, Janu
Injuries from act of third party can be foreseeable consequence of failure to exercise care to prevent physical harm to others when rendering services and undertaking responsibility for safety of others.
In a matter that can be highly analogous to settings involving bus depots, vehicle lots and transportation hubs, the Delaware Supreme Court denied the Delaware State University’s (DSU) motion for summary judgment in a matter where six plaintiffs w
Case Law Alerts, 1st Quarter, Janu
School board does not owe duty to student to warn of dangers posed by busy roadway or when student is walking to bus stop.
A young student was struck when crossing the street to reach her bus stop.
Case Law Alerts, 1st Quarter, Janu
Driving a bus is “ministerial” in nature and public transit operations in NJ are not immune from bus driver’s breach of applicable negligence standard.
The trial court initially granted summary judgment, concluding that poor weather was the only contribution factor when a New Jersey Transit bus rear-ended the plaintiff’s vehicle.
Case Law Alerts, 1st Quarter, Janu
Federal court interpretation finds plaintiff did not properly allege Uber was common carrier or negligent in hiring, retention, supervision of alleged sexual perpetrator. Did amply allege claims of negligent misrepresentation, deceptive trade practices.
The District Court was charged with evaluating the pleading sufficiency of numerous causes of action by a Jane Doe against Uber related to a physical and sexual assault allegedly suffered by Jane Doe at the hands of an Uber driver.
Case Law Alerts, 1st Quarter, Janu
In trade secrets dispute, award of attorneys fees as spoliation sanction was upheld for failure to preserve electronic records and suspend automatic deletion policies.
In a matter that touches on an ever-growing area of concern for trucking and transportation companies—identification and preservation of electronic materials as potential evidence—the defendant failed to comply with a preservation request, resulti
Case Law Alerts, 1st Quarter, Janu