Publications
Queens Court Declines to Dismiss Subrogation Action, Finding Issues of Control Over Uber Driver
The Civil Court in Queens County, NY denied Uber’s motion to dismiss a subrogation action stemming from a motor vehicle accident.
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
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
Another Ohio District Court Rules that the Non-Economic Damages Cap on Catastrophic Medical Injuries Is Unconstitutional as Applied
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.
Claims for a Hospital’s Negligent Credentialing Must Be Addressed With Sufficient Facts in a Corroborating Expert Affidavit During the Presuit Investigation Period
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.
Pennsylvania Superior Court Enforces Venue Selection Clause in Surgical Consent Form
The Superior Court of Pennsylvania affirmed the order of the Philadelphia County Court of Common Pleas, sustaining preliminary objections of the defendant-physician and defendant-facility as to venue and transferred the case to the Bucks County Co
A Jury Does Not Need to Make an Express Finding of Liability as to Each Defendant to Establish a Hospital’s Vicarious Liability for a Child’s Brain Injury
The Superior Court affirmed the order of the Philadelphia County Court of Common Pleas denying the defendant-hospital’s motions for judgment notwithstanding the verdict, new trial, and remitter.
Florida Courts Reaffirm Damages Must Be Calculated as of Date of Breach in Construction Defect Cases
It has been well-settled in Florida that the proper measure of damages for a breach of contract claim is calculated as of the date of the breach. In terms of a construction defect claim, it is the date the construction defect occurred.
Florida Appellate Court Clarifies Accrual of Employment Discrimination Claims Dually Filed with EEOC and FCHR
The trial court entered summary judgment in favor of the employer, who argued that the employee’s disability discrimination claim was time-barred as it was filed 483 days after receiving the Equal Employment Opportunity Commission (EEOC)’s right-t
Ohio Appeals Court Affirms Class Certification in Auto Insurance Total Loss Valuation Dispute; Ohio Supreme Court Review Pending
The plaintiffs filed a class action lawsuit in the Cuyahoga County Common Pleas Court, alleging that an insurer’s use of projected sold adjustments (PSA) in calculating the actual cash value (ACV) of vehicles when settling total loss claims was ar
Superior Court Enforces Forum Selection Clause, Dismissing UTPCPL Claim and Transferring Breach of Contract and Bad Faith Claims Against Carrier to Insured’s Home County
The plaintiff, Robert Mark Winner, was rear-ended by another driver and suffered alleged injuries. Winner brought a claim against the other driver and also notified his own auto insurer, Progressive, that he was making a UIM claim.