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Publications
Defective service will not result in dismissal of action if there are no facts to show an intention to stall the judicial machinery and no resulting prejudice.
While the plaintiff was a guest at a hotel/water park, she was assaulted by defendants Perez and Griffin. The police responded, and Perez and Griffin supplied their address to the police.
Case Law Alerts
Supreme Court of Pennsylvania adopted “notice inquiry” approach to discovery rule when deciding whether applicable statute of limitations period was tolled.
The plaintiff and her family were members of St. Leo, a parish located within the Altoona-Johnstown Diocese, and the plaintiff attended the affiliated Catholic school. From 1974 to 1981, a priest assigned to St.
Case Law Alerts
The Twombly/Iqbal plausibility standard applies to maritime complaint seeking exoneration from or limitation of liability pursuant to 46 U.S.C. § 30511 et seq.
The United States Court of Appeals for the Second Circuit held that the district court correctly applied the plausibility standard of Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S.
Case Law Alerts
Court of Appeal again affirms: Past medical bills paid in full satisfaction by Medicare are inadmissible. Certifies question to FL Supreme Court: Are past medical expenses barred as evidence of Medicare benefits for jury’s consideration?
Margaret Volin sued Gulfstream Park Racing and Casino for negligence after falling on the property and breaking her hip.
Case Law Alerts
In applying Pennsylvania law, federal district court held that property owner does not owe duty to business invitee if actual or constructive notice of dangerous condition was not established.
The plaintiff, a business invitee, slipped and fell on a “slime” substance located on the floor of a Walmart. In their motion for summary judgment, the defendant argued they did not have actual or constructive notice of the spill.
Case Law Alerts
Failure to present corroborative evidence to establish existence of hazardous condition, unsupported and conclusory allegations are insufficient to overcome and defeat motion for summary judgment.
The plaintiff, a business invitee, claimed that a raised and unsecured portion of the carpet in his hotel suite caused him to trip and fall.
Case Law Alerts
The Second Department clarified whether executive orders issued by New York’s governor tolled or suspended the statute of limitations during COVID.
On March 20, 2020, former New York Governor Cuomo issued the first of several executive orders affecting the statute of limitations. The last of these orders expired on November 3, 2020.
Case Law Alerts
Punitive damages under the Florida Civil Rights Act.
Florida Statute 768.72 states, “[i]n any civil action, no claim for punitive damages shall be permitted unless there is a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery
Case Law Alerts
Delaware legal malpractice claim dismissed because plaintiff failed to produce an expert report before discovery deadline.
The Delaware Supreme Court affirmed the Delaware Superior Court’s dismissal of a plaintiff’s legal malpractice claim because she failed to produce an expert report before the discovery deadline.
Case Law Alerts
Florida appellate court decides that a master association has no standing to sue its condominium association.
Recently, the trial judge presiding over Miami-Dade County's Complex Business Litigation Division was faced with a standing question when he ruled in favor of the defendants at the summary judgment phase in the case of De Soleil S.
Case Law Alerts