Publications

In this appeal before the New Jersey Supreme Court, the court held that an out-of-state alleged tortfeasor was not a party subject to allocation of fault by a jury pursuant to Comparative Negligence Act in a wrongful-death action. Case Law Alerts, 2nd Quarter, Apri

In a discovery dispute over the applicability of peer review privilege, the Ohio Supreme Court ruled that the trial court should conduct an in camera review of the contested residency file. Case Law Alerts, 2nd Quarter, Apri

The Pennsylvania Superior Court ruled that the trial court abused its discretion by failing to grant the appellants the 30-day response period required under Pa. R.Civ.P. Case Law Alerts, 2nd Quarter, Apri

The Pennsylvania Superior Court upheld the dismissal of a medical negligence claim against a physician, finding that the plaintiff failed to present sufficient evidence to establish a prima facie case. Case Law Alerts, 2nd Quarter, Apri

For construction defect litigation, many times we are called into action to defend a subcontractor who has been included as a third party to the primary dispute between an owner and a general contractor. Case Law Alerts, 2nd Quarter, Apri

A trial court’s denial of summary judgment was overturned after an appellate court found that a job applicant failed to meet the statutory deadline for filing a retaliation claim under the Florida Civil Rights Act (FCRA). Case Law Alerts, 2nd Quarter, Apri

The Second District Court of Appeals considered whether an insurer can raise, as the basis of a motion to dismiss or as an affirmative defense, for the first time, compliance with the insured’s statutory requirements of Fla. Stat. § 624.155.  Case Law Alerts, 2nd Quarter, Apri

The plaintiff, who resided with her daughter in the home of her daughter’s paternal grandmother, sought UIM benefits under an auto insurance policy issued to the grandmother. Case Law Alerts, 2nd Quarter, Apri

This § 1983 lawsuit was filed against a police officer after a confrontation during a traffic stop in which the plaintiff resisted compliance. Case Law Alerts, 2nd Quarter, Apri

The plaintiff tripped and fell in a pothole in the City of Newark. There were no complaints reported about this pothole prior to this incident. Case Law Alerts, 2nd Quarter, Apri