Publications
Despite Undisputed Facts that Dangerous Condition Was Known and Obvious, PA District Court Held Summary Judgment Not Warranted When There Were Genuine Issues of Material Fact
The plaintiff and his wife brought an action against the defendant for personal injuries the plaintiff received when he slipped and fell on a ramp while unloading a forklift from a tractor-trailer.
Case Law Alerts, 1st Quarter, Janu
Negligent Elevator Misleveling not Established by Res Ipsa Loquitur; Plaintiff’s Reliance on Expert Report Enough to Preclude Entry of Summary Judgment
The plaintiff sustained physical injuries while pulling a heavy cart of medical supplies out of an elevator when the elevator came to a stop but the floor of the elevator was misaligned with the building floor.
Case Law Alerts, 1st Quarter, Janu
Pennsylvania Court Holds Summary Judgment Not Proper When Invitee Presented Evidence, Including Surveillance Video Screenshots, that Possessor Created Dangerous Condition on Its Property
During the COVID-19 pandemic, the defendant-casino placed a hand-sanitizer dispenser on the side of a slot machine, above a marble pathway and through the casino floor.
Case Law Alerts, 1st Quarter, Janu
Federal District Court Held that Alcohol Consumption Evidence Was Highly Probative for Determining Plaintiff’s Life Expectancy and Damages and Was Admissible Evidence for that Limited Purpose
The plaintiff moved to preclude any introduction of his history of alcohol consumption as irrelevant and prejudicial.
Case Law Alerts, 1st Quarter, Janu
Defendants’ Prior Business Dealings Insufficient to Find Defendants Regularly Conducted Business in Philadelphia County at the Time Lawsuit Was Filed
The plaintiffs sustained physical injuries from a helicopter crash in Afghanistan and commenced a civil lawsuit in Philadelphia County, Pennsylvania.
Case Law Alerts, 1st Quarter, Janu
Florida’s District Court of Appeals Clarifies When an Assignee Can Be Awarded Attorney’s Fees and Costs
Universal Property & Casualty Insurance Company appealed an order awarding True Builders—the assignee of Universal’s insured—attorney fees and costs for a dismissed circuit court lawsuit (the First Case) and a then filed a county court lawsuit
Case Law Alerts, 1st Quarter, Janu
Court Grants Motion to Entirety of Case Pending Arbitration, Finding Federal Arbitration Act Mandates Stay of All Claims, Including Non-Arbitrable Ones, When Arbitrable Claims Are Factually Intertwined and Dominate the Case
The defendants, a number of medical entities and providers, filed a motion to stay federal litigation based on New York causes of action pending the resolution of New Jersey arbitrable claims.
Case Law Alerts, 1st Quarter, Janu
Fourth District Court of Appeals Holds that Reading Texts, but Not Responding, Does Not Provide Grounds for Punitive Damages
The defendant was driving a truck into an intersection when he allegedly struck a golf cart driven by the plaintiff. There was a dispute as to who had the green light and who hit whom.
Case Law Alerts, 1st Quarter, Janu
Florida’s Court of Appeals Holds a Private Employee’s Recovery for Retaliation Under Florida’s Whistleblower Act Must Be for Actual Violations of Law
The trial court granted an employer’s motion for summary judgment and ruled that, for an employee to recover for employment retaliation under Florida’s Whistleblower’s Act (section 448.102(3)) (FWA), they have to show they objected to, or refused
Case Law Alerts, 1st Quarter, Janu
Superior Court of Connecticut Denied Motion to Strike Where Decedent’s Estate Sought Uninsured Motorist Benefits
This matter involved an accident where the decedent was struck after attempting to render aid to motorists involved in a multi-car collision.
Case Law Alerts, 1st Quarter, Janu