Publications
Plaintiff’s poor memory is insufficient to overcome dismissal for fraud upon the court when he concealed history of chronic back pain.
The plaintiff filed a cause of action for negligence as a result of injuries sustained in a motor vehicle accident.
Case Law Alerts, 4th Quarter, October 2018
No UIM benefits through employer’s policy because the auto accident happened before the amendment to the Workers’ Compensation Act took effect.
After receiving workers’ compensation benefits following an auto accident, an employee settled with the tortfeasor for his policy limits.
Case Law Alerts, 4th Quarter, October 2018
Statute of limitations is not extended when settlement negotiations are ongoing and the IME is scheduled after the statute of limitations tolls.
Plaintiff’s counsel was working with the insurance company to potentially settle an automobile personal injury claim.
Case Law Alerts, 4th Quarter, October 2018
Whether the tort of negligent infliction of emotional distress applies to same sex couples who are not married, is one for the jury to decide.
In this case a same-sexed couple had been living together and raising children together for over a year. The non-biological mother witnessed one of the children’s death by automobile when hit as a pedestrian.
Case Law Alerts, 4th Quarter, October 2018
Maritime subject matter jurisdiction is found in a case arising out of an incident that occurred on a vessel moored at a marina.
This action involved two deaths from carbon monoxide poisoning occurring on a pleasure craft moored at a marina at the time of the incident. The issue before the court was whether subject matter jurisdiction existed pursuant to 28 U.S.C.
Case Law Alerts, 4th Quarter, October 2018
Court declines to extend strict liability to bystanders following the Pennsylvania Supreme Court’s decision in Tincher.
The plaintiff in this negligence and strict liability action alleged injuries arising from exposure to a contaminated public water supply.
Case Law Alerts, 4th Quarter, October 2018
Delaware Supreme Court holds that plaintiff failed to raise an issue of fact regarding defendants’ negligence after presenting evidence of their efforts to remediate snow and ice on the property.
The plaintiff fell on ice in an Acme parking lot three days after a winter storm and sustained injuries. She sued the store owner, the property manager, and the snow and ice contractor for negligence.
Case Law Alerts, 4th Quarter, October 2018
NJ Supreme Court refines obligations under Patient Safety Act; hospitals entitled to rely on absolute privilege under Act for docs created pursuant to the Act, but must provide narrative summaries of relevant factual information when asked.
The plaintiff appealed the Appellate Division’s decision which reversed the trial court’s order that the plaintiff was entitled to redacted hospital documents later found to be reports that were the product of “self critical anal
Case Law Alerts, 4th Quarter, October 2018
Pennsylvania Supreme Court accepts review to determine whether evidence of known risks and complications of a procedure may be admitted at trial in a medical malpractice matter when plaintiff does not pursue a claim for failure to obtain informed consent.
The Pennsylvania Supreme Court granted review in this matter to determine whether or not the Pennsylvania Superior Court committed an error of law when it reversed and remanded the matter for a new trial, directing the trial court to exclude evide
Case Law Alerts, 4th Quarter, October 2018
No personal jurisdiction over out-of-state defendant, despite injuries felt in-state, heavy operations in-state, and difficulty suing elsewhere.
The plaintiff was exposed to asbestos while living and working in Massachusetts. In the late 1970s, he moved to Florida where he was diagnosed—more than 25 years later—with mesothelioma.
Case Law Alerts, 4th Quarter, October 2018