Publications
A Neck-Hold Is Not Clearly-Established Excessive Force
This § 1983 lawsuit was filed against a police officer after a confrontation during a traffic stop in which the plaintiff resisted compliance.
Case Law Alerts, 2nd Quarter, Apri
Court Affirms Dismissal of Lawsuit Over City Pothole Fall, Citing Lack of Evidence
The plaintiff tripped and fell in a pothole in the City of Newark. There were no complaints reported about this pothole prior to this incident.
Case Law Alerts, 2nd Quarter, Apri
Examining the Limits of the State-Created Danger Doctrine
During the COVID-19 pandemic, the decedent’s family urgently called 911 as she struggled to breathe and had dangerously low blood-oxygen levels.
Case Law Alerts, 2nd Quarter, Apri
Ohio Supreme Court Holds Ohio’s Tolling Statute Does Not Violate Federal Commerce Clause as Applied to a Physician Who Leaves the State to Practice Medicine Elsewhere
The Ohio Supreme Court examined the constitutionality of Ohio’s tolling statute, R.C. 2305.15, as it relates to a physician who was sued for medical malpractice.
Case Law Alerts, 1st Quarter, Janu
Pennsylvania Court Rejects Fraudulent Joinder Theory, Keeping Insurance Agent in Case
The U.S.
Case Law Alerts, 1st Quarter, Janu
Insurance Policies, Including Exclusions, Need to Be Clear and Unambiguous, According to Delaware Court
A Delaware gun dealer, which also operates a shooting range for which it rents firearms, sued its insurer and its insurance broker in a matter arising from the insurer’s refusal to provide defense or indemnification in an underlying lawsuit brough
Case Law Alerts, 1st Quarter, Janu
Motion for Remittitur Denied by Delaware Court Where Verdict Not Deemed Grossly Excessive
The defendant was dropping off his sister (the plaintiff) at a Goodwill store in Wilmington, Delaware.
Case Law Alerts, 1st Quarter, Janu
New Jersey Court Finds No Duty of Care Owed When Risk of Harm Is Not Forseeable
In this personal injury case, the plaintiff, Mildred Green, appealed from a trial court order granting summary judgment to the defendants, Arboleda Guapacha and Vidal.
Case Law Alerts, 1st Quarter, Janu
Summary Judgment Granted by New York Court on Issue of Comparative Negligence
In an action to recover damages for personal injuries, the plaintiff appealed from an order of the Supreme Court, Nassau County, granting the motion of the defendants, Paul Edward Destocki and PNH Intercontinental Corp., for summary judgment, dism
Case Law Alerts, 1st Quarter, Janu
Ohio Court of Appeals Finds No Duty of Care by Contractual Obligation
The appellant, Monica Peters, individually and as administratrix for the Estate of Christopher Peters, deceased, appealed the trial court’s decision granting the motions to dismiss and motions for judgment on the pleadings filed by the appellees,
Case Law Alerts, 1st Quarter, Janu