Publications
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
When initial pleadings are sufficient, motions seeking dismissal of punitive damages at onset of litigation should be denied.
A commercial truck driver, his employer, and a rest stop were sued when the alleged failure to properly secure the rear wheels of a tractor-trailer during servicing resulted in the wheels detaching and striking the plaintiff’s vehicle, causing cat
Case Law Alerts, 1st Quarter, Janu
Law professor, an attorney admitted to practice in PA, was not liable for monetary damages in connection with alleged unauthorized practice of law and obtaining referral fee.
In this case of first impression before the Appellate Division, the Appellate Division reversed the trial court’s ruling which held that a law professor, an attorney admitted to practice in Pennsylvania, was liable for hundreds of thousands of dol
Case Law Alerts, 1st Quarter, Janu
Seeking dismissal for Insurance Fraud Prevention Act claim based upon lack of Affidavit of Merit will likely not be found viable.
The defendants sought dismissal of the plaintiff’s Insurance Fraud Prevention Act claim via motion for summary judgment, arguing that no Affidavit of Merit was filed per N.J.S.A. 2A:53A-27.
Case Law Alerts, 1st Quarter, Janu
It is not a departure from essential requirements of law to permit discovery about financial relationship between defendant’s nonparty law firm and its expert witness.
The trial court denied the defendant’s motion for protective order to prevent disclosure of the financial relationship between the defendant’s law firm and the defense’s medical expert.
Case Law Alerts, 1st Quarter, Janu
Maintaining Florida's work product privilege.
After hearing testimony from both parties and allowing the production of the incident report to the plaintiff, the trial court found that the plaintiff had completed the incident report for which the defendant was claiming work product privilege.
Case Law Alerts, 1st Quarter, Janu
Discovery rule does not apply to toll statute of limitations where plaintiff failed to timely discover secondary basis for liability.
The plaintiff, a motorcyclist, was injured as a result of collision with a vehicle in an intersection where PennDot and the Township coordinated the installation of a round mirror in an attempt to aid drivers in seeing oncoming traffic.
Case Law Alerts, 1st Quarter, Janu
Court of Appeals affirms summary judgment for rideshare company based, in part, on Transportation Network Company statute.
The trial court granted summary judgment in favor of Lyft, Inc. in a personal injury action where the plaintiff sustained injuries while riding in a car driven by one of Lyft’s independent drivers.
Case Law Alerts, 1st Quarter, Janu
Pennsylvania’s Acting Secretary of Health’s August 31, 2021, Masking Order requiring face coverings in school entities is void ab inito.
The Pennsylvania Commonwealth Court decided the narrow legal question of whether the Acting Secretary of Health acted properly in issuing the August 31, 2021, Order (Masking Order), requiring face coverings in school entities, in the absence of ei
Case Law Alerts, 1st Quarter, Janu
Pennsylvania Superior Court decides issue of first impression regarding assignment of claims.
The Pennsylvania Superior Court decided a matter of first impression regarding the assignment of a claim by one contracting party, against another contracting party, to a non-contracting party without the would-be defendant’s consent, despite an a
Case Law Alerts, 1st Quarter, Janu