Publications
FINRA arbitration panel requires counsel to submit COVID-19 test result.
FINRA currently requires proof of vaccination or a negative COVID-19 test within 72 hours of the start of live hearings.
Case Law Alerts, 1st Quarter, Janu
NJ Appellate Division remands for a “more robust application” of Ullmann test in light of discovery demands seeking the production of business entity tax returns.
This matter involved a discovery dispute in a wrongful discharge employment matter. During discovery, the plaintiff sought the production of the tax returns and financial statements of his former employer, a closely-held corporation.
Case Law Alerts, 1st Quarter, Janu
Florida Supreme Court decides that financial relationship between defendant’s automobile liability insurer and his expert witnesses is discoverable.
In this automobile negligence case, the plaintiff sought to discover from the defendant information concerning the financial relationship between the defendant’s non-party insurer and his expert witnesses.
Case Law Alerts, 1st Quarter, Janu
Plaintiff’s Labor Law § 240 claim dismissed because the accident did not involve a gravity related incident.
The Supreme Court of New York, County of New York granted the defendants’ motion for summary judgment dismissing New York Labor Law 240(1) claim.
Case Law Alerts, 1st Quarter, Janu
Plaintiff waives PIP coverage in Maryland but is entitled to PIP coverage in Delaware.
The plaintiff, a Maryland resident and operating a Maryland insured vehicle, was involved in an automobile accident in Delaware. Maryland law permits its residents to waive PIP coverage, and the plaintiff did waive that coverage.
Case Law Alerts, 1st Quarter, Janu
Biomechanics expert overcomes motion to preclude his testimony, and Delaware Superior Court reaffirms criteria required for admissibility.
The plaintiffs moved to exclude Dr. Brock, a biomechanics expert, from testifying at trial that injuries claimed were not caused by the subject motor vehicle accident. The court denied the motion, finding: (1) Dr.
Case Law Alerts, 1st Quarter, Janu
Partial dismissal granted under Fed. R Civ.P 12(b)(6) for failure to pled a feasible alternative design.
The plaintiff sued for injuries she claimed she suffered while riding a roller coaster.
Case Law Alerts
Summary judgment granted on claim of ordinary negligence for failure to prevent loose object from striking patron on a roller coaster.
The plaintiff sued after being blinded in one eye by a cell phone that “became unsecured” from another patron on a roller coaster.
Case Law Alerts
Summary judgment affirmed for water park as no duty to patron to assist in getting on lazy river inner tube.
The Pennsylvania Superior Court affirmed the trial court’s findings based on the plaintiff’s inadequacy in demonstrating a question of fact.
Case Law Alerts
No unlawful practice of dentistry as defendant did not control clinical treatment to patients or dentists with whom it contracted.
On appeal, the court found that the defendant could not have unlawfully practiced dentistry because it did not control clinical treatment to patients or dentists, who it contracted with.
Case Law Alerts