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Publications
U.S. Supreme Court holds that, under the Outer Continental Shelf Lands Act, when federal law addresses a relevant issue, state law is inapplicable.
In a unanimous opinion, the United States Supreme Court held that, “to the extent federal law applies to a particular issue, state law is inapplicable” under the Outer Continental Shelf Lands Act.
Case Law Alerts, 4th Quarter, October 2019
Mere reference to defendant’s maintenance policy, without more, does not preclude entry of summary judgment in favor of a defendant
The Pennsylvania Superior Court upheld summary judgment in this slip and fall case because the record contained no evidence to indicate the period of time the spill existed on the floor.
Case Law Alerts, 4th Quarter, October 2019
Appellate Division finds extraordinary circumstances in permitting the plaintiff to file a late Notice of Claim against the public defendants.
The plaintiff underwent surgery at the hospital to treat her scoliosis and back pain. After waking, she experienced increased pain in her leg and decreased movement and sensation.
Case Law Alerts, 4th Quarter, October 2019
Third Circuit clarifies FLSA willfulness standard.
In this Fair Labor Standards Act (FLSA) class action, the District Court granted summary judgment in favor of the defendant, applying a two-year statute of limitations because the judge found no willful violation of the FSLA.
Case Law Alerts, 4th Quarter, October 2019
Statutory bad faith claim could survive dismissal even in the absence of a valid breach of contract claim.
The Eastern District reviewed this case involving a homeowner’s policy on a property in Philadelphia. The pro se plaintiff brought claims of breach of contract, statutory bad faith, negligence and unjust enrichment.
Case Law Alerts, 4th Quarter, October 2019
Court preserves an insurer’s right to enforce the one-year suit limitation clause without showing any degree of prejudice from the delay.
The Eastern District reviewed this case in which an ink cartridge refill machine was “misappropriated” at the insured’s business.
Case Law Alerts, 4th Quarter, October 2019
Understand how third-party vendors arrive at their estimates of destroyed personal property.
The Middle District reviewed this case involving homeowner’s insurance covering a property which suffered fire damage to its garage. The insurer retained a vendor to create an inventory of destroyed personal property.
Case Law Alerts, 4th Quarter, October 2019
Courts will allow plaintiffs time to develop proofs in order to conform to the court’s eve-of-trial dictates.
The plaintiff alleged the defendants negligently failed to develop evidence and expert testimony concerning the brain injury and economic loss he suffered as the result of a slip and fall accident.
Case Law Alerts, 4th Quarter, October 2019
The 2nd DCA expands Florida’s five-year statute of limitations to articles of incorporation in community associations.
Although Florida courts previously held that the five-year statute of limitations set forth in Florida Statute § 95.11(2)(b) applied to restrictive covenants, the 2nd DCA recently expanded this limitation to encompass amendments to
Case Law Alerts, 4th Quarter, October 2019
Involuntary commitment for observation pursuant to § 302 of Pennsylvania Mental Health Procedures Act is not an adjudication or commitment under 18 U.S.C. § 922(g)(4) sufficient to deny an application for purchase of or possession of a firearm.
Eastern District of Pennsylvania Judge Schmehl found that an involuntary commitment for observation pursuant to Section 302 of the Pennsylvania Mental Health Procedures Act (50 P.S.
Case Law Alerts, 4th Quarter, October 2019