Publications
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
While a Waiver Was Not Unconscionable or Against Public Policy, It Did Not Include Language that Decedent Unambiguously Waived Claims for Injuries from Defendant’s Negligence
This action involved a bike race where the decedent was struck by a vehicle as the race participants were closely congested on a narrow roadway.
Case Law Alerts, 1st Quarter, Janu
Appeals Court Determines Truck Driver Glancing at His Phone But Not Reading or Responding to Messages Was Insufficient Action to Support Punitive Damages
This matter involved a collision at an intersection between a truck and a golf cart where both parties disputed who had the green light and who was at fault for the collision.
Case Law Alerts, 1st Quarter, Janu
Federal District Court Denied Summary Judgment Where Plaintiff Alleged Injury Due to Falling When a Bus Braked to Avoid Another Vehicle
In this matter, the plaintiff alleged he was a passenger on the defendant’s bus and was injured when he fell due to the bus stopping short to avoid a collision with another vehicle.
Case Law Alerts, 1st Quarter, Janu
New York Appellate Division Overturns Summary Judgment Against Defendant in Collision But Affirms Dismissal of Affirmative Defenses of Comparative Negligence Against Plaintiff
In a matter illustrating the importance of having a defendant/driver’s affidavit that properly articulates an absolute defense to liability in opposing summary judgment, the defendant trucking company and its driver appealed summary judgment, whic
Case Law Alerts, 1st Quarter, Janu