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Federal Court Allows Negligence Claim Against Retailer Under Restatement § 344 for Independent Contractor’s Assault

Pittsburgh
Premises & Retail Liability
January 1, 2026
In their complaint, the plaintiffs raised negligence claims against a retail store based upon the alleged sexual assault and battery of a minor by a former employee of the store’s independent contractor.
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Trespasser Status Bars Recovery in Premises Liability Claim: Appellate Division Affirms Summary Judgment for Defendants

Roseland
Premises & Retail Liability
January 1, 2026
The New Jersey Appellate Division affirmed summary judgment in favor of the defendants, including the Estate of Nancy Votra, Bank of New York Mellon, Specialized Loan Servicing, LLC and Cyprexx Services, LLC, in a premises liabil
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Florida Appeals Court Reverses Summary Judgment, Stresses Need to Properly File Video Evidence to Preserve Record

Orlando
Premises & Retail Liability
January 1, 2026
Marilyn Reynolds was a customer in the Belk, Inc. store when she tripped over an unsecured, wide-based metal stanchion and sustained injuries.
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Michigan Court Invalidates No-Fault Policy Exclusion Conflicting with Statutory PIP Coverage

Mount Laurel
Personal Injury Protection (PIP) Litigation
January 1, 2026
The Michigan Court of Appeals ruled that a no-fault policy exclusion that conflicts with the state’s statutory PIP coverage requirements (MCL 500.3114(1)) is invalid.
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New York’s AVOID Act Imposes Strict Deadlines on Third-Party Actions Starting April 2026

New York
Roseland
New York Construction & Labor Law
Architectural, Engineering & Construction Defect Litigation
January 1, 2026
On December 19, 2025, Governor Kathy Hochul signed the Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act (L. 2025, ch.
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From Wedding Celebration to Courtroom Litigation: The Eighth District Examines Pleading Requirements for Food-Based Negligence Claims

Cleveland
General Liability
January 1, 2026
On the eve of her wedding day, Tiffany Fauvel visited the defendant sushi restaurant, Pacific East, with her soon-to-be husband, Alexander Cohen.
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New York First Department Issues First Decision Addressing Litigation Funding Agreements

New York
Fraud/Special Investigation
January 1, 2026
In a ruling that establishes critical legal precedent, appellate attorney Diane Toner, Special Counsel in our New York City office, obtained the first-ever appellate decision granting the discovery of third-party litigation fundi
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Court Upholds UM/UIM Coverage Exclusion for Fatal Motorcycle Accident Under Insurance Policy

Philadelphia - Headquarters
Automobile Liability
January 1, 2026
Following a fatal motorcycle accident, the appellant sought, and was denied, uninsured/underinsured vehicle (UM/UIM) coverage under an Erie insurance policy purchased by Elissa J. Kennedy and her husband, Dennis Kennedy.
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Dismissal Reversed as Plain Error Due to Mediator’s Inaccurate Report to Court

Philadelphia - Headquarters
Automobile Liability
January 1, 2026
On October 7, 2024, the appellant filed a complaint against appellee seeking damages from a September 19, 2024, motor vehicle collision.
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Federal Court Remands Car Accident Case After Defendant Fails to Prove Plaintiff’s Domicile for Diversity Jurisdiction

Philadelphia - Headquarters
Automobile Liability
January 1, 2026
Maximo Cruz-Guevera filed this action in New York State Supreme Court, Suffolk County, in which he alleged that Vijay Sukhram caused a car accident that injured him and damaged his vehicle.
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