Thought Leadership
Case Law Alerts
There may be risk in beginning snow removal efforts before storm has stopped, but this can be defeated if shown that snow removal work did not exacerbate conditions.
July 1, 2022
by Adam C. Calvert
Superior Court Reviews Discoverability of Mental Health Records
April 7, 2022
by Brad E. Haas
Case Law Alerts
Can spoliation sanctions be imposed for failing to submit to physical examination prior to undergoing surgery on body part allegedly injured by defendant’s tortious conduct?
April 1, 2022
by Andrew Thebaud
Case Law Alerts
Injury caused by alleged “short stop” does not automatically confer negligence onto common carrier unless there is objective evidence that stop was “unusual and violent.”
April 1, 2022
Case Law Alerts
Question of whether student justifiably relied on school’s representation that it was safe to walk to remote parking location was province of the jury.
April 1, 2022
Case Law Alerts
Violation of company policy is not per se negligence and does not establish liability when there is no evidence of actions or omissions that constitute negligence.
April 1, 2022
Case Law Alerts
Statutory immunity upheld in tragic fatal accident where fire truck struck and killed toddler at an intersection while responding to an emergency call.
April 1, 2022
Case Law Alerts
Federal District Court grants series of Daubert motions in trucking accident case, severely impairing plaintiffs’ damages case.
April 1, 2022
Case Law Alerts
DE Superior Court denies motion for summary judgment seeking relief based on emergency doctrine when evidence showed driver had been awake/operating vehicle for 27 hours.
April 1, 2022
Case Law Alerts
CT Superior Court sets relevant baseline for pain and suffering from head and back symptoms absent any traumatic brain injury diagnosis or surgical intervention.
April 1, 2022
Case Law Alerts
PA Superior Court Again Affirms a Waiver Contained Within Gym Member Agreement is Enforceable
April 1, 2022
by Lauren E. Purcell
Case Law Alerts
The adequacy of monitoring procedures are irrelevant and insufficient to defeat motion for summary judgment when there is no evidence that defendant had notice of hazardous condition.
April 1, 2022
by Lauren E. Purcell
Case Law Alerts
PA Supreme Court rules that doctrine of in pari delicto bars claims brought against pharmacy on behalf of decedent who overdosed.
April 1, 2022
by Lauren E. Purcell
Case Law Alerts
Determining Liability Under Louisiana Product Liability Act for Manufacturer of Products is Based on Who Actual Manufacturer is and Entities that Label Product as Their Own and/or Hold Themselves Out as Manufacturer of Product
April 1, 2022
Case Law Alerts
NJ Appellate Division Weighs in on What Standard to Apply to Coach Who Was Supervising Participants of Multiple Recreational Sports at the Time
April 1, 2022
by Sara W. Mazzolla
Case Law Alerts
Biomechanical engineer permitted to testify as to how an accident occurred, but not with respect to the plaintiff’s ability to withstand physical forces.
April 1, 2022
Case Law Alerts
It is Jury's Responsibility to Resolve Issue of Whether Policyholder Made Material Judgment Under NJ Insurance Fraud Prevention Act
April 1, 2022
by Ariel C. Brownstein
Defense Digest
Recent Florida PIP Appellate Decisions Put Focus Back on Swift and Automatic Medical Benefits Payments
April 1, 2022
by Sean P. Greenwalt
Case Law Alerts
Florida Court Rejects Car Dealership's Graves Amendment Defense for Loaner Vehicle
April 1, 2022
by Thomas F. Brown
Case Law Alerts
Marriage is not enough to establish privity related to collateral estoppel or res judicata.
April 1, 2022
Case Law Alerts
New York Labor Law § 240 Claims Dismissed Because the Means of Injury Did Not Involve a Gravity-Related Risk
April 1, 2022
Defense Digest
On the Pulse…Our Property Litigation Practice Group
April 1, 2022
by James H. Cole
Defense Digest
Can the Pennsylvania Supreme Court’s Mallory v. Norfolk Southern Opinion Curtail Mass Tort Filings in Pennsylvania?
April 1, 2022
by Christine Pellegrini Busch
Beyond Bad Faith: Expanding Bad Faith Damages Fraud-Fighting
March 3, 2022
by Jeffrey G. Rapattoni and Michael J. Sweeney
Employers (Still) Not Liable for Serving Alcohol to Intoxicated Employees
February 10, 2022
by Patrick T. Reilly and Lauren E. Purcell
Case Law Alerts
Out-of-possession contractor who creates condition that causes physical injury to third party may be liable to third party even though landowner was aware of condition and previously accepted contractor’s work.
January 3, 2022
by Benjamin M.H. Goshko
Case Law Alerts
Application of Assumption-of-Risk and Waiver-of-Liability Clauses in Member Agreement Upheld Regarding Slip and Fall, and Denial of Oral Attempt to Amend Pleading to Add Claim for Gross Negligence Affirmed
January 3, 2022
by Sara W. Mazzolla
Case Law Alerts
Florida Supreme Court decides that financial relationship between defendant’s automobile liability insurer and his expert witnesses is discoverable.
January 3, 2022
Case Law Alerts
Court Rules Labor Law 240(1) Applicable to Pulling Forces
January 3, 2022
by Adam C. Calvert
Case Law Alerts
In trade secrets dispute, award of attorneys fees as spoliation sanction was upheld for failure to preserve electronic records and suspend automatic deletion policies.
January 3, 2022
