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Claims for a Hospital’s Negligent Credentialing Must Be Addressed With Sufficient Facts in a Corroborating Expert Affidavit During the Presuit Investigation Period

Orlando
Health Care Liability
October 1, 2025
The Third District Court of Appeal affirmed a motion to dismiss related to a negligent credentialing claim on the basis that the presuit corroborating expert affidavit was deficient.
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Another Ohio District Court Rules that the Non-Economic Damages Cap on Catastrophic Medical Injuries Is Unconstitutional as Applied

Cleveland
Birth & Catastrophic Injury Litigation
October 1, 2025
Following the 8th District Court of Appeals’ ruling in Paganini v. Cataract Eye Center of Cleveland earlier this year, the 10th District has likewise ruled that the non-economic damages cap under R.C.
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Duty Owed to Substance Abuse and Suicidal Patients: New Court Ruling Lays Out a Duty Providers Have to a Patient Prior to Discharge Related to Treatments After Discharge

Orlando
Behavioral Health Risk & Liability
October 1, 2025
The Third District Court of Appeal reversed an order granting summary judgment in favor of an addiction treatment facility, holding the facility did not have a duty to prevent the decedent’s suicide after discharge, but it did have a duty to attem
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Queens Court Declines to Dismiss Subrogation Action, Finding Issues of Control Over Uber Driver

Orlando
Rideshare Liability
October 1, 2025
The Civil Court in Queens County, NY denied Uber’s motion to dismiss a subrogation action stemming from a motor vehicle accident.
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Third Circuit Court of Appeals Holds a Product Liability Plaintiff Does Not Need an Expert to Survive Summary Judgment in Certain Cases

Philadelphia - Headquarters
Product Liability
October 1, 2025
Product liability suits often involve complex machinery or detailed questions of product design and engineering. Thus, when defendants seek to preclude a plaintiff’s experts from testifying, they often try to kill two birds with one stone.
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Commonwealth Court Vacates Verdict, Holding Comparative Negligence Instruction Improper in Dog Attack Case

Pittsburgh
Premises & Retail Liability
October 1, 2025
When the plaintiff, a volunteer at the dog shelter, arrived at the shelter, a dog on a leash jumped up. The plaintiff moved away and told an employee of the shelter to take the dog away.
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Pa. Superior Court Reverses Summary Judgment, Finding Fact Issues on Store’s Duty to Anticipate Off-Premises Assault

Pittsburgh
Premises & Retail Liability
October 1, 2025
The plaintiff was beaten and robbed a block away from the defendant’s store. Prior to the incident, the plaintiff and the assailant were both in the store.
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Superior Court Affirms Defense Verdict, No Adverse Spoliation Inference Where Lost Video Did Not Capture Incident or Contain Relevant Evidence

Pittsburgh
Premises & Retail Liability
October 1, 2025
The plaintiff tripped and fell on a floor mat near the beverage area in the defendant’s store.
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Court Grants Summary Judgment to Grocery Store Where Plaintiff Failed to Show Cause of Fall or Notice of Hazard

Pittsburgh
Premises & Retail Liability
October 1, 2025
The plaintiff alleged that she slipped and fell in the women’s restroom of the defendant’s grocery store. The plaintiff claimed she slipped on some unknown substance, which caused her to fall and strike the toilet.
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First Department Rejects De Minimis Defense, Grants Summary Judgment for Worker’s Fall Under Labor Law 240(1)

New York
New York Construction & Labor Law
October 1, 2025
The First Department has held that a fall from a height of 10 ½ to 20 inches is not a bar to summary judgment because the height differential is not, as a matter of law, de minimus.
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