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Three minutes of liquid product on floor was not enough time to establish constructive notice to supermarket to trigger a duty of care.

Roseland
Premises & Retail Liability
April 1, 2020
The plaintiff appealed the dismissal of her premises liability complaint against the defendant. Case Law Alerts, 2nd Quarter, April 2020 is prepared
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Plaintiff could not establish a prima facie case of negligence against deceased landlord because the Pennsylvania Dead Man’s Act prohibited plaintiff’s testimony about the cause fall.

Philadelphia - Headquarters
Premises & Retail Liability
April 1, 2020
In affirming summary judgment in a personal injury action involving a decedent’s estate, the Pennsylvania Superior Court held that the Pennsylvania Dead Man’s Ac Case Law Alerts, 2nd Quarter, April 2020 is prepared
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Plaintiffs’ experts’ opinions barred because they disregarded the ‘hierarchy of scientific evidence.’

Mount Laurel
Health Care Liability
April 1, 2020
Pharmaceutical company Hoffmann-LaRoche Inc. secured a win in the long-running New Jersey Accutane litigation. Case Law Alerts, 2nd Quarter, April 2020 is prepared
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Clarity in reason for summary judgment required.

Tampa
Amusements, Sports & Recreation Liability
April 1, 2020
An appeal of a summary judgment was granted when based on the plaintiff’s expert giving a net opinion. Case Law Alerts, 2nd Quarter, April 2020 is prepared
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Knowledge of reliance on expertise may bar release of gross negligence.

Tampa
Amusements, Sports & Recreation Liability
April 1, 2020
In this case, a release was effective in barring a claim in ordinary negligence and negligent hiring, as it was not the result of unequal bargaining. Case Law Alerts, 2nd Quarter, April 2020 is prepared
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New Jersey arbitration agreements must unambiguously inform plaintiffs that they are giving up right to pursue claims in court.

Tampa
Amusements, Sports & Recreation Liability
April 1, 2020
A motion to compel arbitration was denied on appeal. Case Law Alerts, 2nd Quarter, April 2020 is prepared
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When credibility issues may impact the determination of material facts, summary judgment is not appropriate.

Orlando
General Liability
April 1, 2020
The Third District Court of Appeal held that the trial court erred in entering summary judgment for the defendant, a tire store, whose employee serviced a tire Case Law Alerts, 2nd Quarter, April 2020 is prepared
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First Department issues two decisions on prior injuries and discovery.

New York
General Liability
April 1, 2020
In two recent decisions, the First Department clarified discovery on prior or related injuries.  
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Automobile insurance policy provisions requiring a first-party inured to undergo an IME in order to seek first party benefits is against public policy, absent a court order.

King of Prussia
Automobile Liability
April 1, 2020
All Pennsylvania automobile insurers are required to provide a minimum medical benefit of $5,000. Case Law Alerts, 2nd Quarter, April 2020 is prepared
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Pennsylvania Superior Court rules that credentialing files are not privileged.

King of Prussia
Health Care Liability
April 1, 2020
In considering Dr. Petraglia’s application to its medical staff, St. Case Law Alerts, 2nd Quarter, April 2020 is prepared
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