Publications
Texas Supreme Court to Determine if a Shipper Owes a Duty to a Third-Party Motorist Injured by a Freight Carrier
This case arises from an accident in which a driver hired by a freight carrier ran a red light and fatally struck a motorcyclist.
Court Limits UIM Recovery to Named Insured After Plaintiff Seeks Additional Household Coverage
The plaintiff, a resident of Erie County, New York, was legally traversing a four-way stop intersection when his vehicle was struck by a tortfeasor after she ran a stop sign.
Pennsylvania Superior Court Clarifies Legal Standard for Jury Instruction on Increased Risk of Harm in Medical Malpractice Cases
In this appeal, the Superior Court of Pennsylvania clarified in an important unpublished opinion, the requirements for plaintiffs to obtain a jury instruction on increased risk of harm in medical malpractice actions.
EDPA Upholds Summary Judgment for Employer, Finding Incivility Alone Doesn’t Violate Discrimination Laws
In Pelphrey-Weingand, the plaintiff was the defendant’s assistant director/clinical supervisor –
Appellate Division Clarifies Scope of Indemnification Clauses in Construction Injury Litigation
This case involves a fall at a construction site in which a jury found the defendant, a general contractor, partially liable for the plaintiff
Florida Appellate Court Holds Right to Arbitrate Did Not Apply Within Lien Transfer Bond
A trial court’s order granting a motion to compel arbitration was recently overturned after the Fourth District Court of Appeals determined that no enforceable arbitration agreement existed
Appellate Division Rejects Plaintiff’s Belatedly-Added Theory of Disability Discrimination and Finds a One-Time Allergic Reaction to Prescription Medication Does Not Constitute a Disability Under the LAD
The plaintiff appealed from the grant of the defendant’s motion for summary judgment dismissing her claims of disability discrimination under the LAD.
Court Finds Fatal Shooting “Arises Out of” Vehicle Use for UIM Coverage
In this tragic case, James Hunt was stopped at a red light while driving a vehicle owned by his employer when he was accidentally shot and killed by the operator of another vehicle stopped at the red light, heading in the same di
Ohio Supreme Court Rules Trial Courts Must Apply Specific Standards Before Ordering Disclosure of Privileged Claims Files
In an insurance bad faith action, a trial court may order production of an insurer’s claims file documents that are asserted to be protected by the attorney-client privilege and work produc
U.S. Bankruptcy Court Upholds State Court Decisions
On March 10, 2025, the United States Bankruptcy Court, District of New Jersey, reinforced the decisions of the state