Publications
Federal District Court Rejected Newly-Named Defendant’s Motion to Dismiss Based on Statute of Limitations After Discovery Revealed Case of Mistaken Vehicle Identity.
This decision may very well go down for its reference to “two identical metallic mint green 1964 Buick Skylark convertibles.” The plaintiff originally sued ACAM Transport, but discovery later revealed that the red tractor-trailer that struck the p
Case Law Alerts, 4th Quarter, Octo
NJ Supreme Court Holds, Affiant of Merit Need Not Review Medical Records of Injured Party and Need Not Specifically Identify an Agent for Whom Named Defendant Is to Be Held Vicariously Liable.
The plaintiff filed a medical malpractice action against multiple defendants and filed an Affidavit of Merit (AOM) prepared by Dr. J. Fallon. Dr.
Case Law Alerts, 4th Quarter, Octo
PA Superior Court Reaffirms Need for Expert Testimony in Support of Claim for Corporate Negligence and Provides Further Clarity as to ‘Obvious Negligence.’
The Superior Court of Pennsylvania found that expert testimony was still required in a matter involving an alleged defective toilet provided to a patient post surgery that broke and resulted in a fall and injuries to the patient.
Case Law Alerts, 4th Quarter, Octo
PA Superior Court Reverses Grant of Summary Judgment Based on Gross Negligence Where Expert Opinions Are Sufficiently Supported by the Record.
The Superior Court of Pennsylvania found that a grant of summary judgment in favor of the defendant-hospital was improper where the medical records, in the light most favorable to the plaintiff, created genuine issues of material fact regarding wh
Case Law Alerts, 4th Quarter, Octo
Supreme Court to Decide Pair of Mental Health Procedures Act Cases, Outlining the Contours of Claims Against Treatment Providers.
“One of the purposes of the Mental Health Procedures Act is to provide limited protection from civil and criminal liability to mental health personnel and their employers in rendering treatment in this unscientific and inexact field.” Farago v
Case Law Alerts, 4th Quarter, Octo
A Default Judgment Is Not Always the End.
Far too often in our line of business, we are informed of litigation after a default has already been entered against our client or insured. Ideally, and in most cases, we are able to negotiate for the default to be set aside or vacated.
Case Law Alerts, 4th Quarter, Octo
Florida’s Third District Court of Appeal Affirms Dismissal with Prejudice for Failure to Exhaust Administrative Remedies in Sexual Harassment Case.
The trial court dismissed an employee’s sexual harassment lawsuit against her employer for failure to exhaust her administrative remedies.
Case Law Alerts, 4th Quarter, Octo
Second District Court of Appeal Rules Florida Stat. § 627.70152 Cannot Be Applied Retroactively.
The plaintiffs’ complaint was dismissed due to their failure to comply with the pre-suit notice requirement set forth in Fla. Stat. § 627.70152(3).
Case Law Alerts, 4th Quarter, Octo
Ohio Supreme Court to Review Scope of Attorney-Client Privilege in Bad Faith Cases.
The Ohio Supreme Court has accepted the insurer’s appeal in this case, which arose out of an underinsured motorist claim, which the insurer had settled.
Case Law Alerts, 4th Quarter, Octo
Three Recent Third Circuit Decisions Underline Validity of Regular Use Exclusion and Household Vehicle Exclusion—under the Appropriate Circumstances—in UM/UIM Policies.
In Eberly v. LM Gen. Ins.
Case Law Alerts, 4th Quarter, Octo