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Publications
U.S. Supreme Court sets forth new test for product manufacturer’s duty to warn under maritime law.
This maritime tort law case involved Navy veterans claiming they developed cancer as a result of asbestos exposure on Navy ships and in naval shipyards.
Case Law Alerts, 3rd Quarter, July 2019
Third DCA holds that Florida statutes do not impose on hospitals a non-delegable duty to provide non-negligent emergency room care, and certifies conflict with Fourth DCA.
The Court of Appeal of Florida, Third District, affirmed dismissal of an estate’s claims against a hospital where the decedent received emergency care.
Case Law Alerts, 3rd Quarter, July 2019
New life breathed into choice-of-law analysis: Travel from there to Pennsylvania for the events at issue gives Pennsylvania the greater interest in the application of its law.
New Jersey residents placed their disabled adult son at a residential care facility located in Pennsylvania.
Case Law Alerts, 3rd Quarter, July 2019
For the purposes of the ten-year statute of repose set forth in Florida Statute Section 95.11(3)(c), the term “founded on” means based upon, arising from, growing out of, or resting upon.
The plaintiff appealed an order in favor of the defendant, which was based on the application of the statute of repose.
Case Law Alerts, 3rd Quarter, July 2019
Administrative exhaustion is not jurisdictional for Title VII plaintiffs.
In an unanimous decision, the United States Supreme Court resolved an important question for plaintiffs alleging employment discrimination and/or retaliation under Title VII—is the statute’s administrative exhaustion requirement jurisd
Case Law Alerts, 3rd Quarter, July 2019
Insurer entitled to summary judgment on bad-faith claim unless insured can establish a “nexus” between damages claimed and the alleged cause of loss.
The pro se plaintiff filed suit over a denial of benefits under her homeowner’s policy.
Case Law Alerts, 3rd Quarter, July 2019
Judicial review of a final award in appraisal is “severely limited.”
The Superior Court reviewed a trial court order granting summary judgment in favor of an insurer on claims for breach of contract and bad faith. The underlying case centered on provisions in a commercial property policy that governed appraisal.
Case Law Alerts, 3rd Quarter, July 2019
Restrictions on leave to amend in construction and design defect cases.
Although Florida courts tend to permit the liberal amendment of pleadings, a recent ruling by the 3rd DCA imposed a limit.
Case Law Alerts, 3rd Quarter, July 2019
In the age of eCourts and electronic filing, New Jersey courts will not give attorneys leeway to plead ignorance of the amended rules.
This appeal concerned the use of eCourts in New Jersey and the potential to lead to possible professional liability for failure to use the electronic filing system.
Case Law Alerts, 3rd Quarter, July 2019
Superior Court reversed 2017 decision that contempt proceedings cannot constitute “civil proceedings” for purposes of bringing a Dragonetti action.
The plaintiff, an attorney, was sanctioned over $900,000 for her handling of an expert in a medical malpractice action. The sanctions were subsequently reversed.
Case Law Alerts, 3rd Quarter, July 2019