Publications
Ohio Court of Appeals Confirms Sovereign Immunity Does Not Apply to Municipal Transit Entity as to Operation of Motor Vehicle But Does Insulate Municipality from Suit as to Negligent Hiring, Training, Retention and Supervision
This matter presents the issue of sovereign immunity for a standard motor vehicle accident.
Case Law Alerts, 1st Quarter, Janu
Pennsylvania Court Issued Discovery Sanction Against Defendants for Late Production of Evidence, Opening Door to Questioning Regarding the Company’s Driver Oversight Process at Trial
This matter involved a motor vehicle accident between the plaintiff and a laundry truck driver, and it illustrates the danger of errors during discovery.
Case Law Alerts, 1st Quarter, Janu
Panel Dismisses Claimant’s Claims Without Prejudice in Their Entirety Pursuant to Rule 12504 of the Code for Lack of FINRA Jurisdiction
The claimant’s claim related to the alleged unsuitability of her investment in CFSI stock. However, the panel unanimously granted the respondents’, Moody Capital and Rosenstein, motion to dismiss pursuant to FINRA Rule 12504.
Case Law Alerts, 1st Quarter, Janu
Pennsylvania Court Strikes Plaintiff’s Strict Product Liability Claim for Failing to Obtain Defendant’s Consent or Leave of Court Prior to Filing Amended Complaint
The plaintiff alleged that a Lyft driver sexually assaulted her during a rideshare purchased on Lyft’s app.
Case Law Alerts, 1st Quarter, Janu
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