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Publications
“I’m with the band” claim fails: members of music band not vicariously liable for alleged assault by guitar player.
The guitarist pled guilty to lewdness observed by a child.
Case Law Alerts, 4th Quarter, October 2019
Proof of performance required: mode of operation applied to restrooms near pools.
Summary judgment was denied without prejudice for a claim of slip and fall in a men’s room located outside a pool.
Case Law Alerts, 4th Quarter, October 2019
A cross-claim for indemnity by a defendant under an Insurance Fraud Prevention Act claim can be dismissed prior to trial under New Jersey law.
Allstate Insurance Company filed a claim under the Insurance Fraud Prevention Act against Daniel Dahan, D.C. and various other defendants regarding an illegal corporate structure in which a medical practice was owned by a non-physician.
Case Law Alerts, 4th Quarter, October 2019
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