Of Interest

  1. Homeowners Lose MSJ after Invitee Steps Through Sheetrock Ceiling (NY) Wednesday, August 23, 2017 - Obviously, a homeowner never wants to be sued in a personal injury lawsuit arising out of an accident on his or her property. Unfortunately, simply owning the property is enough to place a duty of care onto the owner of … Continue reading ...
  2. Store Owes No Duty to Control Unexpectedly Rowdy Patrons (PA) Wednesday, August 23, 2017 - On August 17, 2017, the Superior Court of Pennsylvania affirmed an entry of summary judgment in favor of several defendants in Reason v. Kathryn’s Korner Thrift Shop et al.  The case involves a fight at a thrift shop in Philadelphia.  … Continue reading ...
  3. Failure to Call Attorney Actually Present at EUO results in award to Insured-Plaintiff (NY) Wednesday, August 23, 2017 - In Pierre J. Renelique MD, P.C. v Travelers Ins. Co., Kings County Civil Court recently examined whether a defendant-insurer owed first party benefits to a claimant, after the insurer disclaimed coverage due to a claimant’s failure to appear for an … Continue reading ...
  4. Plaintiff’s Slip and Fall Case Doesn’t Hold Water (PA) Tuesday, August 22, 2017 - A Plaintiff was denied recovery in a slip and fall case when a jury concluded that he failed to prove that a water leak caused his injuries.  In Bowman v. Giant Eagle, C.P. Allegheny No. GD-14-016640, the plaintiff sued a … Continue reading ...
  5. Managing Expectations – Second Department Upholds Dismissal of Plaintiff’s Claims After Fall During Subway Extension Project (NY) Tuesday, August 22, 2017 - In Lamar v Hill Intl. Inc, the Second Department ironed out the standard for imposing liability under the Labor Law upon construction managers. Plaintiff Willie Lamar was an employee of a joint venture, hired by the MTA to work on … Continue reading ...
  6. Security Guard’s Injury Action Docked By Older Safety Standards (NY) Thursday, August 17, 2017 - In Schmidt v. One New York Plaza Co. LLC, the Appellate Division, First Department reaffirmed that in order to find a building owner liable for violations of building safety standards, a plaintiff must show violation of specific standards in existence at … Continue reading ...
  7. High School Football Players Not Barred From Suing For Sideline Condition (NY) Thursday, August 17, 2017 - A recent NY case dealt with whether High School football players assume the risk of getting injured  on a steel plate on the sidelines. In September 2010, Andrew Deserto, Jr., a high school student in Goshen Central School District, allegedly … Continue reading ...
  8. Material Misrepresentation About Claim Voids Coverage in PA – But Not In This Case Thursday, August 17, 2017 - In Penn Nat’l Security Ins. Co. v. Kapinus, a Pennsylvania court recently considered whether a material misrepresentation could void the policy even though the statement was made in connection with a claim rather that at the time of the insured’s initial insurance application. … Continue reading ...
  9. This and That by Dennis Wade Thursday, August 17, 2017 - In 1L, a wise, legal writing adjunct professor gave me some excellent advice: “Don’t Let The Perfect Get In The Way Of The Good.” What he meant, of course, is writer’s block is most often a fear, an internal struggle … Continue reading ...
  10. Cyber Rules About to Get Real. Thursday, August 17, 2017 - We have previously reported on NY’s onerous cyber rules. The rules go into effect by month’s end. Specifically, n August 28, 2017, insurance companies that do business in NY will be obligated to institute policies and procedures that preserve and … Continue reading ...
  11. Unlicensed Use of Product Trademarks is not Personal and Advertising Injury Thursday, August 10, 2017 - The Fifth Circuit recently ruled that the duty to defend “personal and advertising injury” did not extend to the unlicensed use of a product and trademarks. In Laney Chiropractic v. Nationwide, Laney sued its insurer for a declaration of coverage … Continue reading ...
  12. This and That by Dennis Wade Thursday, August 10, 2017 - In the check-out line at Whole Foods (now one of the tentacles of Amazon), I heard a Mom say to her middle-schooler: “Why is everything with you a negotiation?”  I can’t say whether the dinner menu was in dispute or … Continue reading ...