Publications
New York Labor Law § 240 claims dismissed because the means of injury did not involve a gravity-related risk.
The Supreme Court of New York, County of New York granted the defendants’ motion for summary judgment, dismissing the plaintiff’s New York Labor Law § 240(1) claim.
Case Law Alerts, 1st Quarter, April 2022 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of
Florida court rejects car dealership’s Graves Amendment defense for loaner vehicle.
The plaintiff sued the defendant for vicarious liability based on the negligence of a driver of one of its loaner vehicles. The trial court granted summary judgment in favor of the defendant based on the Graves Amendment.
Case Law Alerts, 1st Quarter, Apri
It is jury’s responsibility to resolve issue of whether policyholder made material judgment under NJ Insurance Fraud Prevention Act.
An insurance carrier filed claims against its policyholder under common-law and statutory insurance fraud (Insurance Fraud Prevention Act) in New Jersey. The trial court granted summary judgment to the insurer on liability.
Case Law Alerts, 1st Quarter, Apri
Ohio Supreme Court holds that insurance policy exclusion for water backup encompasses sewage backup.
The Ohio Supreme Court was asked to determine if a water backup exclusion in a commercial property policy excluded coverage for damage caused by a sewage backup or overflow.
Case Law Alerts, 1st Quarter, Apri
Circuit court will not require plaintiff to hold up prior case with exact same fact pattern that put defendants on notice to defeat qualified immunity.
A pre-trial detainee died after experiencing delirium tremens while in custody at the county jail.
Case Law Alerts, 1st Quarter, Apri
NJ Appellate Division weighs in on what standard to apply to coach who was supervising participants of multiple recreational sports at the time.
The plaintiff, a field hockey player, was struck in the head by a fly soccer ball that had vaulted over a ball stopper between the turf field and track.
Case Law Alerts, 1st Quarter, Apri
FL appellate court reverses summary judgment in favor of general contractor because only a portion of work by defendant required specialty certificate.
The interesting aspect of this case is that we are not dealing with an issue of claimed defective work or resulting damages from the work.
Case Law Alerts, 1st Quarter, Apri
NJ Appellate Division clarifies applicability of CARES Act in context of unemployment benefits deemed erroneously awarded.
This matter involved the petitioner’s application to receive unemployment benefits during the COVID-19 pandemic through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), 15 U.S.C. 9021 §§ 9001 to 9141.
Case Law Alerts, 1st Quarter, Apri
Departure from basic requirement of law by blanket refusal to consider whether prejudgment attorney-client communications between bad faith adjusters and counsel protected by attorney-client privilege in resulting bad faith claim.
In anticipation of a bad faith claim stemming from an automobile negligence lawsuit, Allstate assigned its bad faith adjusters and counsel to handle the potential bad faith claim prior to the conclusion of the underlying claim.
Case Law Alerts, 1st Quarter, Apri
DE Superior Court dismisses legal malpractice claims for failure to identify expert witness who would support claims at jury trial.
The plaintiff claimed that expert testimony was not necessary because the matter at issue involved obvious common sense and public knowledge.
Case Law Alerts, 1st Quarter, Apri