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Publications
Southern District of Florida Punitively Enforces Discovery Schedule Against Insurance Company in an Uninsured Motorist Action
Though this case involves a fairly straightforward issue of a plaintiff pursuing uninsured motorist insurance benefits from her own insurer, it highlights numerous issues to be cognizant of in defense of what seem like simple claims and litigation
Case Law Alerts, 3rd Quarter, July
Supreme Court of New Jersey Holds that a Low-Speed Electric Scooter Does Not Qualify Its User as a “Pedestrian” for the Purposes of the No-Fault Law
Commercial trucking and transportation companies are often required to pay for medical and lost wage benefits pursuant to state no-fault laws, even when they are arguably not at fault for an incident due to specific definitions in state no-fault s
Case Law Alerts, 3rd Quarter, July
Second Circuit Held that Central New York Municipal Transit Services Changes in Signage Without Additional Structural Changes to Accommodate Passengers Utilizing Wheelchairs Did Not Violate Accessibility Provisions of ADA
In an interesting matter addressing the requirement of busing operations to comply with the American Disabilities Act (ADA), the plaintiff argued that the defendants failed to comply with the ADA on numerous grounds.
Case Law Alerts, 3rd Quarter, July
Federal Court Holds There Is No Jurisdiction Over Amazon Logistics for Contracting With an Ohio Trucking Company that Was Involved in a Serious Accident in the State of Texas
This case arises out of a serious motor vehicle accident occurring in Texas with an Ohio trucking company that contracted with Amazon Logistics, Inc. (with numerous other Amazon entities named in the action).
Case Law Alerts, 3rd Quarter, July
Federal District Court Dismissed Plaintiff’s Claims for Negligent Hiring, Training, Retention, Supervision, and Entrustment
Often in matters involving simple motor vehicle accidents, plaintiffs attempt to throw in claims relative to negligent hiring, training, retention, supervision, etc.
Case Law Alerts, 3rd Quarter, July
Appellate Division Maintains Kind-for-Kind, Credential Equivalency Requirement Under Affidavit of Merit Statute
The plaintiffs alleged that the defendant, Dr. Goyal, prescribed tramadol to the decedent for pain associated with a medical condition.
Case Law Alerts, 3rd Quarter, July
Pennsylvania Superior Court Finds the Treatment of a Dog Bite Undeniably “Arises Out of” the Dog Bite and Medical Negligence Claims Related to the Treatment Are Barred by Plain Language of the Release
The plaintiff was bitten by a dog and treated by the defendants. She later filed a medical malpractice action against the providers who treated the dog bite.
Case Law Alerts, 3rd Quarter, July
Florida’s Fourth District Court of Appeal Explores “Cat’s Paw” Liability Theory in an Employment Law Whistleblower Retaliation Context
A former city employee filed a lawsuit against the defendant pursuant to section 112.3187(4)(a)-(b), Florida Statutes, where he alleged the City Commission’s termination of his employment violated Florida’s Whistleblower’s Act, (the pertinent part
Case Law Alerts, 3rd Quarter, July
Asked and Answered: Retail Insurance Agent Meets Standard of Care by Requesting Coverage Sought, Even If Insurer Declines to Underwrite Risk
Weaver Warehouse sought $3 million in builder’s risk insurance and $2.6 million in existing structure coverage for property renovations; however, an error occurred in the application process, resulting in less existing structure coverage offered b
Case Law Alerts, 3rd Quarter, July
Fourth District Court of Appeal Reversed and Remanded a Final Judgment in Favor of the Insureds Where Prompt Notice Was Not Provided
On February 20, 2020, the defendant was notified of the plaintiffs’ September 10, 2017, Hurricane Irma claim. The policy stated the defendant had no duty to provide coverage if the insureds failed to “give prompt notice” after the loss.
Case Law Alerts, 3rd Quarter, July