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Amazon Primed for battle over status under Section 402A.

Philadelphia - Headquarters
July 1, 2020
Seeking clarification of whether Amazon is a proper defendant under Section 402A for a strict product liability claim brought by a person injure Case Law Alerts, 3rd Quarter, July 202
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Predicting what the PA Supreme Court would do, the Eastern District Court finds strict liability claim against prescription medical device manufacturer is barred.

Philadelphia - Headquarters
Product Liability
July 1, 2020
The plaintiff's doctor implanted in her a Bard G2 inferior vena cava filter—a prescription medical device—to prevent pulmonary embolism. Case Law Alerts, 3rd Quarter, July 202
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A breach of warranty claim must be supported with expert testimony, but can plaintiff be his own expert?

Wilmington
Product Liability
July 1, 2020
In Delaware, a personal injury claim for breach of warranty arising from a product’s defect requires proof that the product was actually defective and that the d Case Law Alerts, 3rd Quarter, July 202
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Plaintiff’s and employees’ testimony of lack of inspections creates a genuine issue of material fact as to the defendant’s constructive notice of the spill.

Orlando
Premises & Retail Liability
July 1, 2020
The plaintiff slipped and fell on a transitory foreign substance inside the bathroom of a plasma donation center. Case Law Alerts, 3rd Quarter, July 202
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Court denied Sussex County’s summary judgment motion despite plaintiff’s inability to identify the source or timing of the spill upon which she slipped.

Wilmington
Premises & Retail Liability
July 1, 2020
The plaintiff allegedly fell in the women’s restroom at the Sussex County Airport and Deli Days. Case Law Alerts, 3rd Quarter, July 202
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Court grants summary judgment to defendant where the location of plaintiff’s fall was clearly defined in a lease agreement as a common area, outside of defendant’s leased premises.

Wilmington
Premises & Retail Liability
July 1, 2020
The plaintiff allegedly fell in the women’s restroom at the Sussex County Airport. Case Law Alerts, 3rd Quarter, July 202
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SCOTUS concludes that a charter party’s safe-berth clause constituted an absolute safety warranty.

Mount Laurel
Maritime Litigation
July 1, 2020
The United States Supreme Court recently held that a safe-berth clause in a voyage charter party created an express warranty of a vessel’s safety, not simply a d Case Law Alerts, 3rd Quarter, July 202
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Homeowner injured in common area of a community was to be treated as licensee, not invitee.

Philadelphia - Headquarters
General Liability
July 1, 2020
The plaintiff was injured after falling on branches on steps in a common area leading to her townhouse at a mixed townhome/single-family home community known as Indian King. Case Law Alerts, 3rd Quarter, July 202
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Where snow and ice maintenance responsibility is fully delegated from commercial landlord to tenant under a lease, commercial landowner is shielded from slip-and-fall liability as a matter of law.

Roseland
General Liability
July 1, 2020
The plaintiff fell on black ice in a parking lot leased by private owners to the Borough of Caldwell. Case Law Alerts, 3rd Quarter, July 202
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Expert materials disclosed must satisfy Rule 26(b)(4) requirements.

Wilmington
General Liability
July 1, 2020
In this personal injury matter, the defendant filed a motion in limine to exclude the plaintiff’s two treating doctors from testifying at trial. Case Law Alerts, 3rd Quarter, July 202
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