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Publications
An oil platform permanently affixed to the sea floor is not a “vessel”; therefore, plaintiff could not avail himself of Jones Act or general maritime law remedies.
This action involved a slip-and-fall incident that occurred on an oil platform permanently affixed to the sea floor in the Gulf of Mexico. The plaintiff was working as a galley-hand and cook at the time of the incident.
Case Law Alerts, 2nd Quarter, April 2019
Appellate Division affirms trial court’s denial of plaintiff’s motion for a new trial as plaintiff failed to demonstrate that jury interrogatories were “misleading, confusing, or ambiguous.”
The plaintiff visited the emergency department after experiencing several days of abdominal pain.
Case Law Alerts, 2nd Quarter, April 2019
Untimely request for permissive appeal of class certification ruling deemed dead on arrival.
The district court certified a plaintiff class in the case but later reconsidered and decertified the class.
Case Law Alerts, 2nd Quarter, April 2019
Florida case highlights importance for early resolution in construction defect cases.
Heron’s Landing Condominium Association filed a complaint against D.R. Horton, Inc.-Jacksonville, the developer and general contractor of the project. The project consisted of 240 residential units in 20 buildings.
Case Law Alerts, 2nd Quarter, April 2019
Independent contractors engaged in foreign or interstate commerce in the transportation industry now fall squarely within the Federal Arbitration Act’s Section 1 exclusion.
Dominic Oliveira was employed as an interstate truck driver for New Prime, Inc. under an operating agreement that deemed him to be an independent contractor.
Case Law Alerts, 2nd Quarter, April 2019
The district court did not abuse its discretion in denying motion to amend a complaint because the claimant acted with undue delay and offered no credible explanation for the new theory of recovery.
Michele Evans brought this employment action against the City after she was terminated from the Philadelphia Police Department following a positive drug test.
Case Law Alerts, 2nd Quarter, April 2019
Relaxed federal pleading requirements render dismissal of bad faith count “impossible” pre-discovery.
The plaintiff filed suit under a homeowner’s policy, alleging breach of contract and statutory bad faith under 42 Pa. C.S.A. 8371. The defendant moved to dismiss the bad faith count for demurrer and insufficient specificity.
Case Law Alerts, 2nd Quarter, April 2019
Discovery of similar claims evidence in 42 Pa. C.S.A. 8371 bad faith cases remains “disfavored” in the Third Circuit.
The plaintiff insured moved to compel the defendant’s responses to interrogatories, requesting disclosure of any bad faith suits filed against the insurer within the past ten years.
Case Law Alerts, 2nd Quarter, April 2019
“Split in authority” makes federal court the preferred forum for defending a UTPCPL claim.
The plaintiff filed suit alleging violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL), among other counts.
Case Law Alerts, 2nd Quarter, April 2019
Ohio Supreme Court holds that general contractor’s CGL insurer is not obligated to defend suit alleging subcontractor’s faulty workmanship.
The Ohio Supreme Court has revisited, affirmed and applied its earlier decision in Westfield Ins. Co. v.
Case Law Alerts, 2nd Quarter, April 2019