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Publications
First Department issues two decisions on prior injuries and discovery.
In two recent decisions, the First Department clarified discovery on prior or related injuries.
New Jersey arbitration agreements must unambiguously inform plaintiffs that they are giving up right to pursue claims in court.
A motion to compel arbitration was denied on appeal.
Case Law Alerts, 2nd Quarter, April 2020 is prepared
Knowledge of reliance on expertise may bar release of gross negligence.
In this case, a release was effective in barring a claim in ordinary negligence and negligent hiring, as it was not the result of unequal bargaining.
Case Law Alerts, 2nd Quarter, April 2020 is prepared
Clarity in reason for summary judgment required.
An appeal of a summary judgment was granted when based on the plaintiff’s expert giving a net opinion.
Case Law Alerts, 2nd Quarter, April 2020 is prepared
Plaintiff could not establish a prima facie case of negligence against deceased landlord because the Pennsylvania Dead Man’s Act prohibited plaintiff’s testimony about the cause fall.
In affirming summary judgment in a personal injury action involving a decedent’s estate, the Pennsylvania Superior Court held that the Pennsylvania Dead Man’s Ac
Case Law Alerts, 2nd Quarter, April 2020 is prepared
The Supreme Court of Louisiana concluded that a riverboat casino was not a “vessel” under general maritime law.
The plaintiff, an employee of Grand Palais Riverboat L.L.C., was injured onboard the Grand Palais, a riverboat casino, and subsequently filed a claim for damages
Case Law Alerts, 2nd Quarter, April 2020 is prepared
Wrongful prosecution of a contempt proceeding against opposing counsel within a civil action could give rise to liability under Pennsylvania’s wrongful use of civil proceeding statute.
The Pennsylvania Supreme Court granted allowance of appeal from the Superior Court’s determination that a motion for contempt proceeding prosecuted against opposing counsel co
Case Law Alerts, 1st Quarter, January 2020 is prepar
Judge dissents as to whether a wife is an agent of her husband when signing an arbitration agreement.
Denial of preliminary objections was upheld when the court found that the mere relation
Case Law Alerts, 1st Quarter, January 2020 is prepar
Falling from a step onto a running treadmill is not a risk waived by the plaintiff.
The plaintiff’s exercise class involved stepping onto a running treadmill.
Case Law Alerts, 1st Quarter, January 2020 is prepar
A step onto and off a cheerleading mat when child was in the path did not imply negligence on facility.
The plaintiff appealed summary judgment for a claim of injury when she stepped onto and off of a four-inch raised cheerleading mat.
Case Law Alerts, 1st Quarter, January 2020 is prepar