Publications
In applying Pennsylvania law, federal district court held that property owner does not owe duty to business invitee if actual or constructive notice of dangerous condition was not established.
The plaintiff, a business invitee, slipped and fell on a “slime” substance located on the floor of a Walmart. In their motion for summary judgment, the defendant argued they did not have actual or constructive notice of the spill.
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Failure to present corroborative evidence to establish existence of hazardous condition, unsupported and conclusory allegations are insufficient to overcome and defeat motion for summary judgment.
The plaintiff, a business invitee, claimed that a raised and unsecured portion of the carpet in his hotel suite caused him to trip and fall.
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Supreme Court of Connecticut affirmed trial court’s ruling that hospital was not a product seller of pelvic mesh sling and not liable under Connecticut Product Liability Act.
A patient brought a product liability claim pursuant to the Connecticut Product Liability Act (CPLA) against the hospital where a pelvic mesh sling was surgically implanted, alleging the mesh sling caused her discomfort and ultimately required its
Case Law Alerts
The Second Department clarified whether executive orders issued by New York’s governor tolled or suspended the statute of limitations during COVID.
On March 20, 2020, former New York Governor Cuomo issued the first of several executive orders affecting the statute of limitations. The last of these orders expired on November 3, 2020.
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Regulatory violations under the Consumer Fraud Act do not require proof of an intent to defraud.
This case involved renovation of all existing floors of a three-story townhouse, plus adding a fourth floor and a garage.
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Affidavit of Merit against design professional may not be required where underlying factual allegations do not require proof of deviation from professional standard of care.
On January 4, 2010, the plaintiffs entered into a contract with the defendant, an architect, for architectural services connected to the conversion of an existing garage into a kitchen and family room with a second story and to build a second-floo
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Ohio’s New Employment Law Uniformity Act
The landscape of Ohio unlawful employment discrimination law changed drastically in April of this year with the effective date of the Employment Law Uniformity Act (ELUA).
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Punitive damages under the Florida Civil Rights Act.
Florida Statute 768.72 states, “[i]n any civil action, no claim for punitive damages shall be permitted unless there is a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery
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Delaware legal malpractice claim dismissed because plaintiff failed to produce an expert report before discovery deadline.
The Delaware Supreme Court affirmed the Delaware Superior Court’s dismissal of a plaintiff’s legal malpractice claim because she failed to produce an expert report before the discovery deadline.
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Legal malpractice claim not encompassed by arbitration provision in contract for related escrow services.
The Superior Court of Pennsylvania had the opportunity to address the scope of an arbitration provision contained in a contract for a lawyer’s escrow services.
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