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Publications
DE Superior Court denies motion for summary judgment seeking relief based on emergency doctrine when evidence showed driver had been awake/operating vehicle for 27 hours.
Transportation companies are often successful in utilizing emergency doctrine defenses, and this matter involved an actual “State of Emergency” due to winter weather.
Case Law Alerts, 1st Quarter, Apri
Federal District Court grants series of Daubert motions in trucking accident case, severely impairing plaintiffs’ damages case.
Plaintiffs’ attorneys often create pyramids of expert testimony wherein each expert essentially “piggybacks” off other experts, although no expert actually establishes a true foundation for their opinions, while also relying on treating physicians
Case Law Alerts, 1st Quarter, Apri
Statutory immunity upheld in tragic fatal accident where fire truck struck and killed toddler at an intersection while responding to an emergency call.
In a highly-publicized and tragic accident, a fire truck responding to an emergency call was approaching an intersection and chose to make an otherwise illegal and dangerous U-turn by moving its vehicle to the right, then swinging the truck around
Case Law Alerts, 1st Quarter, Apri
Violation of company policy is not per se negligence and does not establish liability when there is no evidence of actions or omissions that constitute negligence.
A pedestrian wearing dark clothing while in the middle of an intersection was struck and killed, and the truck driver was operating her vehicle with no apparent negligence.
Case Law Alerts, 1st Quarter, Apri
Question of whether student justifiably relied on school’s representation that it was safe to walk to remote parking location was province of the jury.
A college sports team was required to walk down a dark street with no sidewalks to reach the parking facility after practices, which ended late in the evening.
Case Law Alerts, 1st Quarter, Apri
Injury caused by alleged “short stop” does not automatically confer negligence onto common carrier unless there is objective evidence that stop was “unusual and violent.”
Plaintiffs often seek to exploit the standard classification of a “non-negligent passenger” to assert liability against the common carrier.
Case Law Alerts, 1st Quarter, Apri
FL Legislature amends Florida Civil Rights Act, limits how workplaces and classrooms around state handle discussions related to race and gender issues.
In March, Florida’s legislature passed a bill that specifically targets employers who include training on critical race theory or racism, banning any training or credentials courses that attempt to teach “an individual’s moral character or status
Case Law Alerts, 1st Quarter, Apri
Florida increases minimum wage.
On September 30, 2022, the minimum wage will increase to $11.00 per hour. This comes after Florida’s minimum wage increased to $10.00 per hour on September 30, 2021 ($6.98 for tipped employees).
Case Law Alerts, 1st Quarter, Apri
“Furnish” under FCRA describes “active transmission of information to a third-party rather than a failure to safeguard the data.” Information stolen from defendant is not furnished within meaning of FCRA.
The New Jersey District Court’s recent opinion in this case involved a motion filed by Horizon Healthcare Services, Inc. to dismiss the amended putative class action complaint filed by the plaintiffs.
Case Law Alerts, 1st Quarter, Apri
Can spoliation sanctions be imposed for failing to submit to physical examination prior to undergoing surgery on body part allegedly injured by defendant’s tortious conduct?
The First Department answered a legal question trial courts have been wrestling with for the past few years: Can spoliation sanctions be imposed on a plaintiff who fails to submit to a physical examination prior to undergoing surgery on a body par
Case Law Alerts, 1st Quarter, Apri