Publications
Court denies summary judgment to building owner based on spoliation of video evidence.
The Appellate Division, First Department affirmed denial of summary judgment to a building owner in a trip and fall case based on allegedly inadequate lighting.
Case Law Alerts, 1st Quarter, January 2018
Summary judgment granted in favor of defendant because plaintiff failed to produce any expert opinion evidence of causation of a fire in his home.
The plaintiff had Verizon equipment in his home. A fire broke out. He and his wife allegedly saw the fire coming directly from Verizon’s equipment.
Case Law Alerts, 1st Quarter, January 2018
Evidence of the plaintiff’s conduct admitted as impeachment and causation evidence in strict product liability case.
The plaintiff and the decedent were passengers on a motorcycle that crashed when the rear tire experienced a blow-out. The plaintiff filed suit against the manufacturer of the tire, asserting claims of negligence and strict liability.
Case Law Alerts, 1st Quarter, January 2018
Ohio Appellate Court applies open & obvious doctrine to defeat grocery store patron’s premises liability action.
Ohio’s Eighth Appellate District applied Ohio’s open and obvious doctrine to defeat a claim involving a patron’s fall that took place in the parking lot of a Heinen’s grocery store.
Case Law Alerts, 1st Quarter, January 2018
Be careful of what you fail to see.
The plaintiff was a passenger in a tow truck that was struck by a vehicle. The tow truck driver was parked and had pulled out from its parked position when it was struck by the vehicle.
Case Law Alerts, 1st Quarter, January 2018
Florida Supreme Court strikes down as unconstitutional legislative amendments that permitted medical malpractice defendants to conduct ex parte interviews with plaintiffs’ treating health care providers.
In a sharply divided 4-3 decision, the Florida Supreme Court struck in its entirety § 766.1065(3)(E) of the mandatory HIPAA authorization which a plaintiff is required to provide to a defendant during pre-suit.
Case Law Alerts, 1st Quarter, January 2018
Superior Court allows case to be venued in Philadelphia County, despite location of patient in Berks County.
The plaintiff’s allegation was not that the cardiologist failed to properly interpret the echocardiogram or made any misdiagnoses of the plaintiff’s condition.
Case Law Alerts, 1st Quarter, January 2018
The Florida Supreme Court has ruled that a Chapter 558 Notice is a "suit."
Brought up on appeal to the Florida Supreme Court was the issue of whether a pre-suit Chapter 558 Notice in a construction defect matter qualifies as a "suit" under the CGL policy.
Case Law Alerts, 1st Quarter, January 2018
New Jersey recognizes and applies the continuous-trigger theory of insurance coverage to claims involving progressive damage to property caused by an insured’s allegedly defective construction work.
The “last-pull” of the continuous trigger for purposes of determining an “occurrence” happens when the “essential nature and scope of the property damage first becomes known, or when one would have sufficient reason t
Case Law Alerts, 1st Quarter, January 2018
Evidentiary hearing and record evidence insufficient for preliminary injunction; trial court order must make specific findings in support of injunction.
The employer filed a motion for a preliminary injunction against a former employee for violating his written non-compete agreement.
Case Law Alerts, 1st Quarter, January 2018