Publications
Insufficient evidence submitted to raise an issue of fact over an allegedly defective fuel nozzle.
The plaintiff, a limousine driver, was driving a J4500 model Motor Coach bus. In order to refill the fuel tank, she pulled up to a diesel fuel dispenser at a Kwik Fill gas station.
Case Law Alerts, 4th Quarter, October 2019
The court would not draw an inference of negligence against the defendant by declining to apply the Mode of Operation Rule when a plaintiff slipped and fell on a puddle of water because it held the casual nexus to self-service activity was lacking.
In this personal injury action, the plaintiff slipped and fell on a puddle of water without any notable marks or debris in a Target store. After her fall, she continued to shop in the store and checked out with purchases.
Case Law Alerts, 4th Quarter, October 2019
Mere reference to defendant’s maintenance policy, without more, does not preclude entry of summary judgment in favor of a defendant
The Pennsylvania Superior Court upheld summary judgment in this slip and fall case because the record contained no evidence to indicate the period of time the spill existed on the floor.
Case Law Alerts, 4th Quarter, October 2019
Appellate Division finds extraordinary circumstances in permitting the plaintiff to file a late Notice of Claim against the public defendants.
The plaintiff underwent surgery at the hospital to treat her scoliosis and back pain. After waking, she experienced increased pain in her leg and decreased movement and sensation.
Case Law Alerts, 4th Quarter, October 2019
Appellate Division rejects the trial court’s suggestion that the plaintiffs needed to present a single report addressing both deviation and causation as to the alleged negligence of the nurses.
On behalf of themselves and their minor son, the plaintiffs appealed the trial court’s dismissal of their medical malpractice action against several registered nurses and the hospital that employed them.
Case Law Alerts, 4th Quarter, October 2019
Pennsylvania Supreme Court rules that evidence of the risks and complications of surgery is admissible at trial.
In this recent decision by the Pennsylvania Supreme Court, it was ruled that evidence of the risks and complications of a surgery may be admissible at trial.
Case Law Alerts, 4th Quarter, October 2019
Third Circuit clarifies FLSA willfulness standard.
In this Fair Labor Standards Act (FLSA) class action, the District Court granted summary judgment in favor of the defendant, applying a two-year statute of limitations because the judge found no willful violation of the FSLA.
Case Law Alerts, 4th Quarter, October 2019
The scope of discovery of “garden variety “ emotional distress damages in claim brought under the New Jersey Law Against Discrimination.
The plaintiff was diagnosed with gender dysphoria and alleged that he was denied the ability and opportunity to schedule his hysterectomy at the defendant’s facility for discriminatory reasons.
Case Law Alerts, 4th Quarter, October 2019
The Americans with Disabilities Act does not require an employer to provide accommodation so that an employee can care for his or her disabled family member.
The plaintiff was terminated from his employment. He alleged that his termination violated the ADA and NJLAD since it was related to his association with his disabled son.
Case Law Alerts, 4th Quarter, October 2019
Request for a second opinion medical examination does not give rise to a claim of interference under the FMLA.
The plaintiff suffered from Rheumatoid Arthritis and alleged both retaliation and interference claims under the FMLA.
Case Law Alerts, 4th Quarter, October 2019