Publications
First Department issues two decisions on prior injuries and discovery.
In two recent decisions, the First Department clarified discovery on prior or related injuries.
Because there was no direct and unavoidable conflict between the Consumer Fraud Act and the regulations governing home inspectors, the CFA applied to home inspectors.
The Appellate Division determined that home inspectors were not historically recognized as “learned professionals” and
Case Law Alerts, 2nd Quarter, April 2020 is prepared
When credibility issues may impact the determination of material facts, summary judgment is not appropriate.
The Third District Court of Appeal held that the trial court erred in entering summary judgment for the defendant, a tire store, whose employee serviced a tire
Case Law Alerts, 2nd Quarter, April 2020 is prepared
New Jersey arbitration agreements must unambiguously inform plaintiffs that they are giving up right to pursue claims in court.
A motion to compel arbitration was denied on appeal.
Case Law Alerts, 2nd Quarter, April 2020 is prepared
Knowledge of reliance on expertise may bar release of gross negligence.
In this case, a release was effective in barring a claim in ordinary negligence and negligent hiring, as it was not the result of unequal bargaining.
Case Law Alerts, 2nd Quarter, April 2020 is prepared
Clarity in reason for summary judgment required.
An appeal of a summary judgment was granted when based on the plaintiff’s expert giving a net opinion.
Case Law Alerts, 2nd Quarter, April 2020 is prepared
Plaintiffs’ experts’ opinions barred because they disregarded the ‘hierarchy of scientific evidence.’
Pharmaceutical company Hoffmann-LaRoche Inc. secured a win in the long-running New Jersey Accutane litigation.
Case Law Alerts, 2nd Quarter, April 2020 is prepared
Plaintiff could not establish a prima facie case of negligence against deceased landlord because the Pennsylvania Dead Man’s Act prohibited plaintiff’s testimony about the cause fall.
In affirming summary judgment in a personal injury action involving a decedent’s estate, the Pennsylvania Superior Court held that the Pennsylvania Dead Man’s Ac
Case Law Alerts, 2nd Quarter, April 2020 is prepared
Three minutes of liquid product on floor was not enough time to establish constructive notice to supermarket to trigger a duty of care.
The plaintiff appealed the dismissal of her premises liability complaint against the defendant.
Case Law Alerts, 2nd Quarter, April 2020 is prepared
The Supreme Court of Louisiana concluded that a riverboat casino was not a “vessel” under general maritime law.
The plaintiff, an employee of Grand Palais Riverboat L.L.C., was injured onboard the Grand Palais, a riverboat casino, and subsequently filed a claim for damages
Case Law Alerts, 2nd Quarter, April 2020 is prepared