Publications
Detailed pleadings of the fraud required to survive a motion to dismiss for lack of sufficient particularly.
The plaintiffs filed suit against the defendants seeking reimbursement of paid bills allegedly submitted through fraudulent no-fault insurance charges.
Case Law Alerts, 3rd Quarter, July 202
Commercial landowner may have duty to take reasonable steps to render public walkway reasonably free of snow and/or ice during ongoing storm, despite previously applied on-going storm rule.
The plaintiff appealed the trial court’s application of the on-going storm rule, which provided that a commercial property owner had no duty to
Case Law Alerts, 3rd Quarter, July 202
Expert materials disclosed must satisfy Rule 26(b)(4) requirements.
In this personal injury matter, the defendant filed a motion in limine to exclude the plaintiff’s two treating doctors from testifying at trial.
Case Law Alerts, 3rd Quarter, July 202
Where snow and ice maintenance responsibility is fully delegated from commercial landlord to tenant under a lease, commercial landowner is shielded from slip-and-fall liability as a matter of law.
The plaintiff fell on black ice in a parking lot leased by private owners to the Borough of Caldwell.
Case Law Alerts, 3rd Quarter, July 202
Homeowner injured in common area of a community was to be treated as licensee, not invitee.
The plaintiff was injured after falling on branches on steps in a common area leading to her townhouse at a mixed townhome/single-family home community known as Indian King.
Case Law Alerts, 3rd Quarter, July 202
SCOTUS concludes that a charter party’s safe-berth clause constituted an absolute safety warranty.
The United States Supreme Court recently held that a safe-berth clause in a voyage charter party created an express warranty of a vessel’s safety, not simply a d
Case Law Alerts, 3rd Quarter, July 202
Court grants summary judgment to defendant where the location of plaintiff’s fall was clearly defined in a lease agreement as a common area, outside of defendant’s leased premises.
The plaintiff allegedly fell in the women’s restroom at the Sussex County Airport.
Case Law Alerts, 3rd Quarter, July 202
Court denied Sussex County’s summary judgment motion despite plaintiff’s inability to identify the source or timing of the spill upon which she slipped.
The plaintiff allegedly fell in the women’s restroom at the Sussex County Airport and Deli Days.
Case Law Alerts, 3rd Quarter, July 202
Plaintiff’s and employees’ testimony of lack of inspections creates a genuine issue of material fact as to the defendant’s constructive notice of the spill.
The plaintiff slipped and fell on a transitory foreign substance inside the bathroom of a plasma donation center.
Case Law Alerts, 3rd Quarter, July 202
A breach of warranty claim must be supported with expert testimony, but can plaintiff be his own expert?
In Delaware, a personal injury claim for breach of warranty arising from a product’s defect requires proof that the product was actually defective and that the d
Case Law Alerts, 3rd Quarter, July 202