Publications
John ‘Jack’ Slimm Wins NJ Appellate Decision on Counsel’s Duties to Non-Client Beneficiaries in Estate Litigation
In John Miranda v. Alexander J. Rinaldi, et al., A-3780-22 (App. Div. October 1, 2024), a beneficiary, and non-client, filed an action for legal malpractice against the attorneys handling the probate litigation.
Legal Updates for Lawyers’ Professional Liability – October 8, 2024,
Philadelphia Jury Issued $5,071,974 Award to Plaintiff for Economic Damages and $1 Million for Noneconomic Damages.
The plaintiff claimed he was helping to unload a box truck at the facility where he worked when one of the pallets fell on him, crushing his lower body.
Case Law Alerts, 4th Quarter, Octo
NJ Supreme Court Affirms Appellate Court that Conditions Placed on Defense Medical Examination Are Determined on Cast-by-Case Basis by Trial Court.
In this New Jersey Supreme Court case, the court affirms the Appellate Division’s holding that the conditions to place, if any, on a defense medical examination are to be determined on a case-by-case basis by the trial courts.
Case Law Alerts, 4th Quarter, Octo
New York Second Department Addresses Future Medical Collateral Source Offset and Affordable Care Act in Case of First Impression.
In a case of first impression, the Second Department held that a jury’s award of future medical costs can be offset by what the plaintiff would have been covered for under the Affordable Care Act (ACA) HAD he obtained coverage.
Case Law Alerts, 4th Quarter, Octo
‘Same-Juror’ Rule Applies to Sequential Interrogatories.
The Ohio Supreme Court held that only those jurors who find negligence can also vote on whether there was proximate cause.
Case Law Alerts, 4th Quarter, Octo
Superior Court Holds, Seeking Relief in County Court in Alleged Breach of Contract Provides Venue in the Filing County.
This case concerned a breach of contract claim related to drilling rights between the parties on the defendant’s property.
Case Law Alerts, 4th Quarter, Octo
Superior Court Held There Was No Factual Dispute to Overcome Summary Judgment When Plaintiff’s Own Admissions Established that Hills and Ridges Doctrine and Assumption of Risk Doctrine Barred Recovery.
The plaintiff, an invitee, slipped and fell on an icy ramp while he walked into work.
Case Law Alerts, 4th Quarter, Octo
PA Court Rules Adverse Inference Based on Spoliation of Evidence Does Not Defeat Summary Judgment Without Proof of Negligence, Plaintiff Suffered Little Prejudice from Deletion of Video, and Deletion of Video Was Not a Bad Faith Act.
The plaintiff, an invitee, slipped and fell at the defendant-restaurant. At first, the plaintiff claimed that uneven floor tiles caused her to fall.
Case Law Alerts, 4th Quarter, Octo
Relying upon Pennsylvania Law, Federal District Court Held that Presence of Spill in Multiple Aisles of Store Was Not Enough to Establish Constructive Notice.
The plaintiff slipped and fell on a spilled liquid in the defendant-store. It was undisputed that the defendant did not have actual notice of the spill. Instead, the key issue was whether the defendant had constructive notice.
Case Law Alerts, 4th Quarter, Octo
Federal District Court Applies Recently Revised Rule 702 Standard Regarding Experts.
This product liability case involved a fatal helicopter crash, which the plaintiffs alleged was caused by a defective helicopter engine. Each side filed Daubert motions to preclude their opponent’s experts.
Case Law Alerts, 4th Quarter, Octo