Publications
Trial court erred in denying motion to reinstate the plaintiff’s personal injury case for lack of “good cause.” “Good cause” is not the correct standard governing reinstatement from dismissal of an action for failure to provide discovery.
The plaintiff brought suit as the result of a slip and fall at Bj’s Wholesale Club.
Case Law Alerts, 1st Quarter, January 2019
PA Supreme Court waives Sovereign Immunity Act, leaving PennDOT vulnerable for future litigation.
The plaintiffs alleged negligence against PennDOT following a motor vehicle accident where they lost control of their vehicle on snow and ice and collided with a guardrail that pierced the side of the vehicle, resulting in injuries to Mrs. Cagey.
Case Law Alerts, 1st Quarter, January 2019
Subpoenas to non-party bank entities are highly relevant to actions by insurance carriers under NJIFPA and RICO.
The insurance carrier filed actions under NJIFPA and RICO against the medical provider alleging a scheme in which the defendant was wrongfully compensated for hundreds of fraudulent bills.
Case Law Alerts, 1st Quarter, January 2019
Toxicology expert’s testimony of his ability to testify on habitual alcohol addiction is properly excluded.
A bar and restaurant was sued pursuant to the Florida Dram Shop Act after its off-duty employee killed and injured several scooter riders on his way home from the bar. After work, the employee consumed two alcoholic drinks at the bar.
Case Law Alerts, 1st Quarter, January 2019
Jones Act and general maritime claims are not removable on their own.
This action involved an underlying lawsuit filed in the Supreme Court of the State of New York, Ulster County (state court), in which the plaintiff alleged violations of the Jones Act (46 U.S.C.
Case Law Alerts, 1st Quarter, January 2019
Despite objections to production of photographs and correct statements of law protecting them, Fifth DCA holds appellate arguments were unpreserved.
In this slip-and-fall action, the defendant, a property management company, filed a privilege log asserting a work-product privilege over two photographs purporting to depict the scene of the plaintiff’s incident.
Case Law Alerts, 1st Quarter, January 2019
Pennsylvania Superior Court holds that compliance with industry standards is not prima facie evidence that a product’s design is effective and non-defective.
The plaintiffs in this mass tort product liability action were firefighters who allegedly suffered permanent hearing loss due to exposure to a siren manufactured by the defendant.
Case Law Alerts, 1st Quarter, January 2019
Deference to the jury – it’s not on the law but discretionary balancing.
The court denied the defendant’s CPLR 4404(a) motion to set aside a jury verdict in favor of the plaintiff. The defendant’s motion to set aside was on the issue of liability.
Case Law Alerts, 1st Quarter, January 2019
Plaintiff's refusal of blood transfusion leads to precedent for the admission of a consent form even when there is no informed consent claim in the case, post Brady.
The plaintiff, Estate of Terri Seels-Davila, claimed the defendants, Hahnemann University Hospital and Drexel University College of Medicine, negligently mana
Case Law Alerts, 1st Quarter, January 2019
Live by the rules, die by the rules: Third Circuit approves District Court’s striking of non-compliant response to summary judgment motion.
This case is an important one governing the statute of limitations in class actions. But the second part of the opinion should be of interest to every practitioner.
Case Law Alerts, 1st Quarter, January 2019