Publications
The defendant was not entitled to a writ of certiorari to quash discovery orders requiring him to provide social media and financial records that might reveal he spent money at places that served him alcohol on the night of a motor vehicle accident.
The defendant was involved in a hit-and-run accident that resulted in a pedestrian’s death and was charged with various criminal offenses.
Case Law Alerts, 2nd Quarter, April 2018
Motion to set aside the default judgment was vacated when the defaulted parties’ entitlement to notice was violated.
The appellants had been properly served in the appellee’s lawsuit for damages resulting from a motor vehicle accident. The appellants were provided notice of a trial on liability, but they were not given a notice of trial on damages.
Case Law Alerts, 2nd Quarter, April 2018
Evidence of medical treatment a plaintiff might possibly need in the future is insufficient to award future medical expenses.
In this personal injury case, the driver sought recovery from her uninsured motorist carrier. The jury awarded her damages for future medical expenses.
Case Law Alerts, 2nd Quarter, April 2018
Under the doctrine of “conflict pre-emption,” a manufacturer of aircraft component parts could not be held liable under state law theories of 402A product liability or negligence.
After remand from the Third Circuit Court of Appeals, Federal Judge Brann held that under the doctrine of “conflict pre-emption,” a manufacturer of aircraft engines could not be held liable under state law theories of 402A product liab
Case Law Alerts, 2nd Quarter, April 2018
Abuse of discretion to deny motion for fees/costs pursuant to offer of judgment statute, nominal proposal for settlement not made in good faith when insurer had reasonable basis to determine its exposure was nominal at the time it served the proposal.
Florida’s Third District Court of Appeals reversed the trial court’s finding that the insurer’s proposal for settlement was not made in good faith.
Case Law Alerts, 2nd Quarter, April 2018
Court reaffirms what a complaint must allege under the New Jersey Insurance Fraud Prevention Act to survive a motion to dismiss.
The plaintiff brought a complaint against a mail order pharmacy alleging violations under the New Jersey Insurance Fraud Prevention Act (NJIFPA), alleging that it paid in excess of $10 million to the defendant, an unlicensed mail order pharmacy in
Case Law Alerts, 2nd Quarter, April 2018
New York Court of Appeals clarifies disclosure standard for social media.
The New York Court of Appeals clarified prior opinions regarding disclosure of social media accounts in personal injury actions.
Case Law Alerts, 2nd Quarter, April 2018
Summary judgment granted in favor of all defendants, finding no duty was owed to a college student who was killed crossing the street after leaving a sorority-hosted event.
The parents of a university student sued the university, a sorority, a caterer, and a local union after their son was killed crossing a highway when he left a party hosted by a sorority.
Case Law Alerts, 2nd Quarter, April 2018
The Ninth Circuit reaffirms its prior holding that punitive damages are available for Jones Act unseaworthiness claims.
The United States Court of Appeals for the Ninth Circuit held that punitive damages are an available remedy under the general maritime law for claims of unseaworthiness in a Jones Act seaman’s personal injury suit, notwithstanding the United
Case Law Alerts, 2nd Quarter, April 2018
Ohio Appellate Court applies actual constructive notice doctrine to defeat mall complex patron’s premises liability action.
Fall incidents in business parking lots present one of the most common types of premises liability claims impacting premises owners large and small.
Case Law Alerts, 2nd Quarter, April 2018