Of Interest

  1. Appellate Division Denies Plaintiff’s Consumer Fraud Act Claims Based on Forum Selection Clause & California Judgment Thursday, January 19, 2017 - On January 18, 2017, the Appellate Division for the Superior Court of New Jersey recognized an invaluable mechanism for defendants to defeat claims based on New Jersey’s Consumer Fraud Act—the doctrine of res judicata bars plaintiffs from re-litigating identical causes … Continue reading ...
  2. First Department Denies Lifeline to Lifelock Inc.’s Attempt to Obtain Coverage for Deceptive Advertising Claims Wednesday, January 18, 2017 - On January 18, 2017, the First Department emphasized an important lesson in evaluating coverage: policy exclusions may apply based on the facts of the underlying claim, not on the specific causes of action pled. In Lifelock Inc. v. Certain Underwriters … Continue reading ...
  3. NJ Federal Court Punishes Lack of Effort to Obtain Discovery Wednesday, January 18, 2017 - A recent New Jersey federal court ruling suggests that the next best thing to producing discovery your opponent requested from you, is being forthcoming about why you did not produce discovery.  In Geico v. Zuberi, et al., Geico sued a … Continue reading ...
  4. This and That: By Dennis Wade Tuesday, January 17, 2017 - “Loser” “Total Loser” “Totally biased loser” “Dummy” “Dope” “Dumb” “Zero/no credibility” “Crazy” “Wacko” “Disaster.” I could go on, listing the epithets used by now President Trump in his Tweets. Recently, Judge Barbara Jaffe of the New York State Supreme Court … Continue reading ...
  5. Unexplained Errata Sheet Changes will not Stand Tuesday, January 17, 2017 - It has become common practice for attorneys to serve lengthy errata sheets after a client testifies in an attempt to alter the testimony.  In Murillo v. The City of N.Y., after plaintiff’s deposition, he submitted an errata sheet listing forty-five … Continue reading ...
  6. Pennsylvania Court Finds Underinsured Motorist Rejection Void Tuesday, January 17, 2017 - In John Bielec v. American Int’l Group Inc., et al., the Pennsylvania Court of Common Pleas, Philadelphia County, addressed the validity of an insurer’s rejection of underinsured motorist (“UIM”) coverage.  In brief, the plaintiff was an employee of Verizon Communications, … Continue reading ...
  7. This and That: By Dennis Wade Thursday, January 12, 2017 - Justice Antonin Scalia’s chair is still draped in black, a consequence of bare-knuckle 2016 politics. But, politics aside—and by any measure—Justice Scalia won the admiration, if not the votes, of his colleagues on the bench. Sparkling intelligence, wit, and unfailing … Continue reading ...
  8. Proof of Regular Inspections Results in Dismissal of Premises Case (NY) Thursday, January 12, 2017 - In Isaacs v Federated Dept. Stores, Inc., the Second Department recently discussed how regular maintenance and good record keeping can help defendants meet their burden to on issues of constructive notice. The case arises from injuries allegedly sustained by plaintiff … Continue reading ...
  9. Defendant Accused Of Assault with Firearm Entitled To Coverage Under Homeowner’s Policy (NY) Thursday, January 12, 2017 - In the world of insurance coverage, it’s well known that the duty to defend is broader than the duty to indemnify.  Just how broad is the subject of many lawsuits, but a Third Department decision handed down today is an … Continue reading ...
  10. Choice of Ways Doctrine Supports Defense Summary Judgment (PA) Thursday, January 12, 2017 - Defendants in Philadelphia County successfully asserted a choice of ways doctrine defense to earn a defense summary judgment in a recent slip and fall case.  The choice of ways doctrine bars recovery in a negligence context, when a plaintiff chooses … Continue reading ...
  11. Appellate Division Reverses Trial Court’s decision to Set Aside Verdict in Asbestos Litigation (NY) Thursday, January 12, 2017 - Asbestos litigation is a complex and, if you were friends with former Speaker of the New York State assembly and convicted felon Sheldon Silver, lucrative field.  Chances are that you have seen (in New York, at least) commercials for Weitz … Continue reading ...
  12. Comparative Negligence Crushes Plaintiff’s Labor Law §241(6) Claims (NY) Wednesday, January 11, 2017 -   In Cardenas v 110127 Cabrini Apts. Corp., 2016 NY Slip Op 08835 (2d Dept. 2016), plaintiff was injured when the ladder he was using became unlocked, causing him to fall and sustain injuries. Plaintiff claimed that he notified his … Continue reading ...