Publications
When a plaintiff receives a favorable verdict and a collateral source reduction for PIP proceeds occurs, the trial court must take into consideration the amount paid to purchase the collateral source benefits.
Forest was an automobile negligence action where the plaintiff was awarded $9,737 for past medical expenses.
Case Law Alert, 3rd Quarter 2013
A defendant is not simply entitled to "one bite of the apple" when it comes to IMEs.
The Third District Court of Appeal quashed a trial court's order denying a second IME after the plaintiff's second surgery because the surgery could have had substantial physical impact related to permanency.
Case Law Alert, 3rd Quarter, July 2013
The Second District Court of Appeal reversed a trial court for an improper intrusion into the jury's evaluation of the evidence.
Smith was an automobile negligence case where the plaintiff alleged permanent injury to his neck and knee.
Case Law Alert, 3rd Quarter 2013
Expert testimony regarding causation related to medical condition, when it is based purely on an expert's training and experience, is pure opinion testimony and, thus, is not subject to a Frye analysis.
In Thorne, the insurer appealed several issues, including whether an expert witness' testimony regarding the causal link between injuries and a failure to wear a seatbelt was properly excluded based on a Frye nearing.
Case Law Alert, 3rd Quarter 2013
A trial court cannot intrude on the province of the jury in deciding which expert testimony to believe.
Duclos was an automobile negligence case where the plaintiff sought relief based on Fla. Stat.
Case Law Alert, 3rd Quarter 2013
Pedestrian's cellular phone records admissible for purposes of establishing contributory negligence.
A Brooklyn court has held that a driver who hit a pedestrian is allowed to introduce the plaintiff's cell phone records as evidence in order to argue that the plaintiff, a pedestrian, contributed to the accident because she had been talking on
Case Law Alert, 3rd Quarter 2013
Under choice of law analysis, federal court precludes a plaintiff from submitting evidence of medical bills and wage loss in a UIM trial.
The United States District Court for the Eastern District of Pennsylvania recently ruled that the plaintiff, a Pennsylvania resident injured in a car accident in North Carolina, may not submit his medical bills and wage loss evidence in a UIM clai
Case Law Alert, 3rd Quarter 2013
Allegheny County court permits plaintiff to consolidate two separate motor vehicle accident lawsuits pursuant to Pa.R.C.P. 213.
On April 24, 2013, the court ordered the consolidation of two separate and distinct motor vehicle accident actions filed by the same plaintiff in the Allegheny County Court of Common Pleas.
Case Law Alert, 3rd Quarter 2013
The Supreme Court found that a potential collective action pursuant to the Fair Labor Standards Act became moot when the only plaintiff received an offer of judgment representing full relief for plaintiff's claim.
The plaintiff initiated a collective action on behalf of herself and all similarly situated individuals, alleging that the employer violated the Fair Labor Standards Act by implementing a policy subjecting certain employees to an automatic meal br
Case Law Alert, 3rd Quarter 2013
An officer and director of a closely held corporation was not an "employee" for purposes of Title VII and was, therefore, precluded from bringing a religious discrimination claim against the company.
The plaintiff filed a religious discrimination lawsuit, alleging he was harassed and terminated by a company that was initially founded by his father after the plaintiff had a "spiritual awakening" fourteen years prior to his termination
Case Law Alert, 3rd Quarter 2013