Publications
New York’s AVOID Act Imposes Strict Deadlines on Third-Party Actions Starting April 2026
On December 19, 2025, Governor Kathy Hochul signed the Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act (L. 2025, ch.
Michigan Court Invalidates No-Fault Policy Exclusion Conflicting with Statutory PIP Coverage
The Michigan Court of Appeals ruled that a no-fault policy exclusion that conflicts with the state’s statutory PIP coverage requirements (MCL 500.3114(1)) is invalid.
Florida Appeals Court Reverses Summary Judgment, Stresses Need to Properly File Video Evidence to Preserve Record
Marilyn Reynolds was a customer in the Belk, Inc. store when she tripped over an unsecured, wide-based metal stanchion and sustained injuries.
Trespasser Status Bars Recovery in Premises Liability Claim: Appellate Division Affirms Summary Judgment for Defendants
The New Jersey Appellate Division affirmed summary judgment in favor of the defendants, including the Estate of Nancy Votra, Bank of New York Mellon, Specialized Loan Servicing, LLC and Cyprexx Services, LLC, in a premises liabil
Federal Court Allows Negligence Claim Against Retailer Under Restatement § 344 for Independent Contractor’s Assault
In their complaint, the plaintiffs raised negligence claims against a retail store based upon the alleged sexual assault and battery of a minor by a former employee of the store’s independent contractor.
Federal Court Grants Summary Judgment to Retailer in Slip-and-Fall Case for Lack of Evidence of Notice
The plaintiff raised a negligence claim against a retail store based upon a slip and fall incident. The plaintiff alleged that she slipped and fell in an aisle of the store as a result of water on the floor.
Superior Court Affirms Summary Judgment for Landlord: Lack of Expert Testimony on Fire’s Cause Defeats Negligence Claim
The plaintiff tenants filed negligence claims against the defendant landlord stemming from a fire that occurred in their rented home. The landlord filed a motion for summary judgment, which the trial court granted.
Superior Court Vacates Termination of Premises Liability Case: Lack of Proper Notice Under Rules 230.2 and 236
The plaintiff filed a premises liability action against a hospital which was commenced by a writ of summons.
In One Fell Swoop, Federal Court Clarifies Pleading Standards for Product Misuse Defense
Thomas Donnelly brought suit in Greene County, Pennsylvania, against Defendants, General Electric Company and Joenic Steel, LLC, claiming he was injured while participating in the lift of a specially fabricated expansion joint.
Florida Appeals Court Upholds Lyft’s Immunity Under TNC Statute in Wrongful Death Suit
Florida’s Third District Court of Appeal affirmed summary judgment in favor of Lyft in a wrongful death action stemming from an accident where a Transportation Network Company (TNC) driver collided with a motorcyclist.