Publications
Proof of performance required: mode of operation applied to restrooms near pools.
Summary judgment was denied without prejudice for a claim of slip and fall in a men’s room located outside a pool.
Case Law Alerts, 4th Quarter, October 2019
PIP coverage is not applicable where the insured stepped into a drainage hole while cleaning his vehicle at a self-serve car wash.
The plaintiff alleged that he was injured after stepping into a drainage hole while cleaning his vehicle at a self-serve car wash. He used a power washer to remove pollen and debris from the motor and radiator of his vehicle.
Case Law Alerts, 4th Quarter, October 2019
Challenging defects in service of process are moot once the challenger has participated in discovery.
The defendant was sued in Philadelphia County. The plaintiffs filed the case as an arbitration matter, as part of the compulsory arbitration program since the plaintiffs were seeking damages of no more than $50,000.
Case Law Alerts, 4th Quarter, October 2019
A cross-claim for indemnity by a defendant under an Insurance Fraud Prevention Act claim can be dismissed prior to trial under New Jersey law.
Allstate Insurance Company filed a claim under the Insurance Fraud Prevention Act against Daniel Dahan, D.C. and various other defendants regarding an illegal corporate structure in which a medical practice was owned by a non-physician.
Case Law Alerts, 4th Quarter, October 2019
Another Delaware case holds that one defendant who settles with a plaintiff cannot be dismissed in full because the non-settling co-defendant needs to pursue its claim for contribution at trial.
The plaintiffs settled their claims with certain of the defendants, but not others. The settling parties executed a confidential joint tortfeasor release.
Case Law Alerts, 4th Quarter, October 2019
Another Delaware case holds that one defendant who settles with a plaintiff cannot be dismissed in full because the non-settling co-defendant needs to pursue its claim for contribution at trial.
The plaintiffs settled their claims with certain of the defendants, but not others. The settling parties executed a confidential joint tortfeasor release.
Case Law Alerts, 4th Quarter, October 2019
Court affirms dismissal of action for fraud upon the court when it found no abuse of discretion by the trial court’s imposition of the “ultimate sanction.”
The Third District Court of Appeal affirmed the dismissal of a plaintiff’s personal injury action for fraud upon the court when it found no abuse of discretion by the trial court’s imposition of the “ultimate sanction.” The
Case Law Alerts, 4th Quarter, October 2019
Landlord does not owe a common law duty of care to guard its tenant against foreseeable dangers from an uncovered radiator.
The New Jersey Supreme Court held a landlord does not owe a common law duty of care to guard its tenant against foreseeable dangers arising from an uncovered radiator where the tenant maintained control over the radiator and the landlord is not re
Case Law Alerts, 4th Quarter, October 2019
Plaintiff did not have an obligation to exclude other possible sources of the slippery condition because a proximate cause is a determination for the jury.
On a cold and drizzly night, with temperatures below freezing, the plaintiff walked down hill on a residential street.
Case Law Alerts, 4th Quarter, October 2019
U.S. Supreme Court holds that, under the Outer Continental Shelf Lands Act, when federal law addresses a relevant issue, state law is inapplicable.
In a unanimous opinion, the United States Supreme Court held that, “to the extent federal law applies to a particular issue, state law is inapplicable” under the Outer Continental Shelf Lands Act.
Case Law Alerts, 4th Quarter, October 2019