Successfully Defended a National Car-Sharing Company in a Multi-Party Suit

We successfully defended a national car-sharing company, resulting in a dismissal of all claims. The case involved a multi-party suit arising out of a commercial auto accident. Through aggressive pleading, we obtained a dismissal by arguing that both federal and state law provisions prohibited any claims against the car-sharing company.

Successfully Defended a Nationwide Tight-Tolerance Manufacturer

We successfully defended a manufacturer serving OEMs in the aerospace, defense, semiconductor and high-tech industries. The case involved a claim petition with complex injury allegations and a potentially catastrophic initial judgement on the pleadings since the employer failed to timely answer the claim petition. When we became involved, we were able to limit the judgement on the pleadings to the date that a timely answer could have been filed. Ongoing disability in the case turned on the credibility of the claimant’s medical evidence.

Successfully Represented an Insurance Company in a Workers’ Compensation Appellate Matter

We successfully represented an insurance company before the Commonwealth Court of Pennsylvania. The court agreed with our argument that the claimant needed to provide notice of his work-related injury to the defendant insurance company within 120 days of the occurrence of the injury due to his combined status as sole proprietor/owner and also the employee in this matter. The judges distinguished the facts of the case due to the fact that the claimant was a sole proprietor, owner and the only employee of his own business.

Summary Judgment Obtained in a Case Involving a Fungal Infection Allegedly Contracted at a Hotel

We secured summary judgment in Monroe County, Pennsylvania, where the plaintiff filed suit claiming he contracted a fungal infection from staying at the defendant’s hotel. The plaintiff produced an expert microbiologist’s report, in addition to his treating physician’s records, in support of his claims. Summary judgment was sought on the grounds that the plaintiff’s expert was not competent enough to identify a specific fungus from photographs of the hotel room and the treating physician’s records were equivocal as to the cause of the plaintiff’s infection.

Summary Judgment Obtained in New York Ridesharing Case

We won summary judgment for an online car sharing platform that connects vehicle owners (hosts) with travelers and locals (guests) seeking to book those vehicles for a fee in New York. The plaintiff alleged that he sustained serious injuries when he was involved in an automobile accident that collided with a vehicle listed on our client’s website.

Summary Judgment Secured in a Complex Medical Malpractice Case

We obtained summary judgment on behalf of an obstetrician in a medical malpractice action. The plaintiff alleged that our client did not obtain the requisite informed consent from the plaintiff to undergo a trial of labor after having two prior cesarean section deliveries (TOLAC x2). The court found that the plaintiff’s lack of informed consent claim was without foundation as she had an awareness of the risks of TOLAC x2.

Summary Judgment Secured in a Dram Shop Liability Case

We won summary judgment in a challenging dram shop liability case against a large restaurant chain where the demand was $1 million. The plaintiff alleged our client was responsible for overserving the co-defendant driver prior to the subject motor vehicle accident. The court agreed with our arguments that the plaintiff failed to establish a violation of the The New Jersey Dram Shop Act. The plaintiff failed to present an expert report until opposing our motion for summary judgment.

Summary Judgment Secured in a Neighborhood Dispute Alleging Excess Water Runoff

We obtained summary judgment in the Westmoreland County Court of Common Pleas in favor of our clients in a dispute over alleged excess water runoff. Our clients, a married couple, were sued by their neighbors for claims related to water runoff due to the installation of gutters and downspouts on a shed near the property line. We effectively argued for summary judgment on the plaintiffs’ injunction, trespass, nuisance and negligence claims, demonstrating that the plaintiffs lacked the necessary expert testimony to substantiate their case as required under Pennsylvania law.

Summary Judgment Secured in Favor of a New Jersey Homeowners Association

We won summary judgment for a homeowners association. Our client filed a lawsuit to enforce the Covenant of Restrictions banning barnyard animals and claiming that the homeowners failed to obtain necessary approvals to build a coup and run for six chickens. The homeowners claimed the six chickens were emotional support animals, pursuant to the Fair Housing Act (FHA) and New Jersey Law Against Discrimination (NJLAD). The court held that the chickens are not emotional support animals, pursuant to both FHA and NJLAD, and granted summary judgment.

Summary Judgment Secured in New York Motor Vehicle Accident Case

We obtained summary judgment after oral argument with Judge Anne Swern in Kings County Supreme Court in New York. This case involved a motor vehicle accident where the plaintiff was a backseat passenger in an Uber that rear-ended a vehicle owned and operated by our clients. We established that our clients were stopped for 10-15 seconds at a light when they were rear-ended by the Uber driver, who was precluded and could not submit any testimony in this matter.