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Publications
Creative effort at class action for gym initiation fees fails in New Jersey.
The plaintiff, an individual who signed up for a fitness membership, brought a class action suit under the Retail Installment Sales Act (RISA), N.J.S.A.
Case Law Alerts, 3rd Quarter, July 202
Sponsorship does not equal control.
The plaintiff attempted to sue Reebok under a theory of premises liability and negligent selection of premises theories for an alleged dangerous condition that c
Case Law Alerts, 3rd Quarter, July 202
Detailed pleadings of the fraud required to survive a motion to dismiss for lack of sufficient particularly.
The plaintiffs filed suit against the defendants seeking reimbursement of paid bills allegedly submitted through fraudulent no-fault insurance charges.
Case Law Alerts, 3rd Quarter, July 202
SCOTUS concludes that a charter party’s safe-berth clause constituted an absolute safety warranty.
The United States Supreme Court recently held that a safe-berth clause in a voyage charter party created an express warranty of a vessel’s safety, not simply a d
Case Law Alerts, 3rd Quarter, July 202
Pennsylvania Superior Court provides clarification on medical malpractice expert testimony.
The plaintiff sued several medical providers, including a surgeon and his surgical practice.
Case Law Alerts, 3rd Quarter, July 202
The lead class plaintiff, especially in securities litigation context, should have a larger financial interest in the litigation and meet the requirements imposed under Fed. R. Civ. P. 23.
This securities class action lawsuit was filed under the Private Securities Litigation Reform Act (PSLRA) and alleged violations of the Securiti
Case Law Alerts, 3rd Quarter, July 202
Ohio Supreme Court declines to allocate liability across multiple insurers and multiple policy periods when the injury or damage occurred at a discernible time.
Ohio has long recognized the “all sums” approach to allocation of insurance coverage for long tail claims that occur over multiple policy period
Case Law Alerts, 3rd Quarter, July 202
Insured’s misrepresentations in the policy application could void the policy ab initio.
It has long been the law in Ohio that an insurer can only void a policy ab initio for misrepresentations in the application if the applic
Case Law Alerts, 3rd Quarter, July 202
Dismissal of wrongful use of civil proceedings claim against attorney affirmed.
On March 6, 2020, the Pennsylvania Superior Court affirmed the trial court’s dismissal of the plaintiff’s wrongful use of civil proceedings claim against a lende
Legal malpractice claim against a public defender is subject to New Jersey Tort Claims Act.
The New Jersey Supreme Court affirmed summary judgment to the public defender, holding that the plaintiff’s legal malpractice claim against the
Case Law Alerts, 3rd Quarter, July 202