Author Info for Marshall Dennehey

Robert Aldrich, III

Forum Non Conveniens Motion Prevails Despite Recent Venue Rule Change

On January 1, 2023, the Supreme Court of Pennsylvania unraveled a 20-year venue rule applicable to medical professional liability cases. Under the previous venue rule, a medical professional liability action may be brought… more

Forum Non Conveniens, Health Care Providers, Liability, Medical Malpractice, PA Supreme Court

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Seth Altman

Appraisal Was Premature Because an Evidentiary Hearing Was First Required to Determine Whether the Policyholder Satisfied the Post-Loss Conditions

Heritage Property & Casualty Ins. Co., Appellant v. Sunset Villas Phase III Condominium Association, Inc., Appellee, Fla. 3rd DCA, 3D23-1672, May 15, 2024, Appeal from non-final order from Miami-Dade Co. Lower Tribunal No… more

Appraisal, Condominium Associations, Damages, Deductibles, Evidentiary Hearings

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Keith Andresen

Court Affirms Labor Law § 240(1) Liability Despite Lack of Witnesses and Plaintiff’s Potential Comparative Negligence

Mederos v. 147 Amsterdam (2025 NY Slip OP 01895 (237 AD3d 410) - The plaintiff was injured when he fell off a scaffold. However, there were no witnesses who saw him fall. Other workers heard a sound and then found the plaintiff… more

Appeals, Bodily Injury, Construction Industry, Construction Project, Damages

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Sarah Argo

Who May Be Liable Under the Dram Shop Act?

Key Points: Pennsylvania’s Dram Shop Act does not merely apply to “any person” but, rather, imposes an obligation on particular persons and entities. To establish a basis for Dram Shop liability, it must be shown that the… more

Car Accident, Dram Shop Laws, Drunk Driving, Intoxication, Liability

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Brittany Bakshi

Appellate Court Affirms Denial of New Trial, Finds Mockler Instruction Proper in Wet Roadway Collision Case

Sivak v. Chrzanowski, 2025 WL 366090 (N.J. Super. Ct. App. Div. Feb. 3, 2025) - On appeal, the Superior Court of New Jersey, Appellate Division affirmed a trial court’s order denying the plaintiff’s motion for a new trial,… more

Appeals, Appellate Courts, Appellate Review, Car Accident, Evidence

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Matthew Behr

Court Affirms Dismissal of Lawsuit Over City Pothole Fall, Citing Lack of Evidence

Baranowski v. City of Newark, Docket No. A-2262-23, NJ Super., App. Div., Mar 11, 2025 - The plaintiff tripped and fell in a pothole in the City of Newark. There were no complaints reported about this pothole prior to this… more

Bodily Injury, Dismissals, Evidence, Motion to Dismiss, Negligence

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Kimberly Kanoff Berman

Florida Passes Tort Reform: What You Need to Know

On March 24, 2023, Florida Governor Ron DeSantis signed House Bill 837, “Civil Remedies,” into law. HB 837 contains sweeping tort reform that will uproot the landscape of Florida civil litigation. The changes apply to causes of… more

Corporate Counsel, Florida, Medical Malpractice, Negligence, Statute of Limitations

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Noah Blake

Take a Closer Look: The Precise Language of an Out-of-State Coverage Provision Leads To Varying Results

Key Points: Where the language in an insurance contract is plain and unambiguous, the courts must interpret the terms of the contract according to their plain meaning as written… more

Car Accident, Contract Terms, Florida, Georgia, Insurance Contracts

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Christopher Block

NJ Appellate Division Clarifies Consumer Fraud Act Exception for Insurance Producers, Upholds Plemmons

On June 24, 2025, the New Jersey Appellate Division issued an unpublished opinion in Lowe v. Audet, A-4093-23, holding that insurance producers remain exempt from liability under the Consumer Fraud Act (CFA) when performing… more

Appeals, Consumer Protection Laws, Insurance Brokers, Insurance Industry, Insurance Litigation

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Taylor Bourguignon

Vetoed New York State Legislation Maintains Status Quo to Favor Out-Of-State Defendants: No Consent to Jurisdiction by Registration

Key Points: Corporation that registers to do business in New York does not necessarily consent to general personal jurisdiction. Proposed amendment to New York Business Corporation Law § 1301(e) would have overturned that law… more

Foreign Corporations, General Jurisdiction, Mallory v Norfolk Southern Railway Co, New York, Out-of-State Companies

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Nicholas Bowers

Change is in the Air: A Shift in Pennsylvania Judge’s Role in Jury Selection Effective April 1, 2025

Key Points: Effective April 1, 2025, the Supreme Court of Pennsylvania has amended Pa.R.C.P. 220.3, pertaining to voir dire of jurors… more

Amended Rules, Appellate Courts, Court Reporters, Judicial Authority, Juror

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Thomas Brown

Federal Court Shields Lyft from Liability in Driver Altercation, Citing Independent Contractor Status

Hollins v. Lyft, Inc., 2025 WL 915412 (N.D. Ga. Mar. 12, 2025) - The United States District Court for the Northern District of Georgia granted summary judgment in favor of Lyft in a personal injury claim stemming from an… more

Drivers, Employer Liability Issues, Employment Litigation, Independent Contractors, Liability

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Joshua Brownlie

The en Banc Third Circuit Concludes Citizens With Prior Felony Convictions for Welfare Fraud Are Among ‘the People’ Protected by the Second Amendment

In 1995, Bryan David Range pleaded guilty to one count of making a false statement to obtain food stamps in violation of Pennsylvania law and faced up to five years’ imprisonment. Following the conviction, Mr. Range attempted to… more

Criminal Convictions, Fraud, Prior Conviction, Second Amendment

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Ariel Brownstein

Court Finds that Claims Under New Jersey’s Insurance Fraud Prevent Act Are Subject to Arbitration

Gov’t Emps. Ins. Co. v. Mount Prospect Chiropractic Ctr., P.A., 98 F.4th 463 (3d Cir. 2024) - The court found that nothing in the text or legislative history of New Jersey’s Insurance Fraud Prevent Act (IFPA) explicitly or… more

Arbitration, Insurance Fraud, Insurance Industry, New Jersey, PIP Coverage

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Matthew Burdalski

Class Action Out of Minnesota with Potential Impacts on Litigating and Negotiating Major Case

A class action suit is brewing in Minnesota which has the potential for major implications in the way major case investigations are litigated and negotiated. In Taqueria El Primo LLC et al. v. Illinois Farmers Ins. Co. et al.,… more

Billing, Class Action, Fraud, Health Care Providers, Insurance Industry

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Michael Burke

Driving the Workday: The Third Circuit Clarifies Compensable Travel Time Under the FLSA

Key Points: Travel during the workday between clients’ homes is compensable under the Fair Labor Standards Act… more

Department of Labor (DOL), Employee Rights, Employment Litigation, Fair Labor Standards Act (FLSA), Healthcare Workers

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Ryan Burns

Policies Alone Fall Short: Establishing a Standard of Care and Duty Requires More Than Internal Procedures

Key Points: A defendant’s violation of its own policies and procedures does not establish a standard of care for the industry. The order of a new trial was improper and the trial court’s prior order for directed verdict and… more

Automotive Industry, Duty of Care, Insurance Litigation, Jury Trial, Negligence

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Josh Byrne

Law Firm Breakups

Law firm breakups are fraught with the potential for attorney misconduct. Attorneys who determine they can no longer work together will often take the additional step of accusing one another of inappropriate conduct. Frequently,… more

Attorney Misconduct, Employment Contract, Firm Leadership, Law Firm Ownership, Legal Ethics

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Adam Calvert

New York Court Allows for Discovery of Litigation Funding Loan

Smartmatic USA Corp. v. SGO Corp Ltd., 2023 WL 2626882 (Sup. Ct., N.Y. Cty. 2023) - Generally, litigation funding loans are not discoverable in personal injury actions. These are “loans” given to injured plaintiffs as an advance… more

Anti-SLAPP, Discovery, Litigation Funding, Loans

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Kathleen Carlson

Splitting the Road: Navigating Uninsured Motorist Coverage of Divorced Spouses

Key Points: In Florida, a divorced or separated spouse of an auto insurance policyholder may be entitled to uninsured or underinsured motorist (UM) benefits under their former spouse’s auto policy… more

Auto Insurance, Divorce, Insurance Industry, Marriage, Policy Terms

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Nicholas Chrysanthem

Legal Updates for Lawyers’ Professional Liability - Case Law Update

The Court of Appeals of New York answers the question of whether a plaintiff may bring a claim under Judiciary Law § 487 in a plenary action. Urias v. Daniel P. Buttafuoco & Assoc., PLLC, 41 NY3d 560, 563 (2024)… more

Appeals, Appellate Courts, Attorney Malpractice, Damages, Guardianships

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Oswald Clark

Court Dismisses Claims in Electrocution Death, Citing Shotgun Pleading and Immunity for Decedent’s Employer

Comer v. American Transmission Systems, Inc., Civil Action No. 23-1464, 2025 WL 1530750 (W.D. Pa. May 29, 2025) - Carlos Melendez was working on a “transmission tower painting crew” for one of several named defendants when he… more

Dismissals, Employer Liability Issues, Employment Litigation, Liability, Motion to Dismiss

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Christopher Conrad

Legal Update for Special Education Law – Updates from the Pennsylvania Department of Education - May 2025

A New Initiative to Support Transition from Early Intervention to Kindergarten - The Pennsylvania Department of Education (PDE) and the Pennsylvania Department of Human Services (DHS) jointly launched a new initiative known as… more

Department of Education, Disabled Children, Federal Funding, Individualized Education Programs (IEPs), Pennsylvania

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Sheri-Lynn Corey-Forte

On App: Good to Go! Off App: No Bueno! How Rideshare Companies Are Defeating Vicarious Liability in Florida

Key Points: Innovative technologies being utilized by rideshare companies are raising their chances of defeating vicarious liability claims in Florida and throughout the United States… more

Appeals, Gig Economy, Litigation Strategies, Ridesharing, Summary Judgment

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Daniel Deitrick

Reimbursement of Pennsylvania Department of Human Services Lien Is Found Not Automatic by Pennsylvania Commonwealth Court

Key Points: No formal liability for payment of work-related medical expenses is triggered on the part of the employer/insurer until such expenses are properly submitted in accordance with the terms and provisions of the… more

Appeals, Employer Liability Issues, False Claims Act (FCA), Insurance Claims, Insurance Litigation

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Alec DelConte

Rule 702 Revamped Once Again

Expert testimony is the tool that enables litigators to elucidate concepts that require scientific, technical or specialized knowledge. However, a proponent cannot introduce expert testimony without demonstrating under F.R.E… more

Admissibility, Daubert Standards, Expert Testimony, Expert Witness, Litigation Strategies

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Christopher DiCicco

U.S. Supreme Court Held that Choice-of-Law Clauses in Maritime Contracts Are Presumptively Enforceable Under Federal Maritime Law

Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC, Case No. 22-500 (Feb. 21, 2024) - On February 21, 2024, the Supreme Court of the United States, in a unanimous opinion delivered by Justice Kavanaugh, held that… more

Choice-of-Law, Insurance Contracts, Marine Insurance

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Jillian Dinehart

Ohio Supreme Court: City’s Refusal to Arbitrate Under Last-Chance Agreement Not an Unfair Labor Practice

Ohio Council 8, AFSCMA, AFL-CIO v. City of Lakewood, 2025-Ohio-2052 -An employee of the Department of Public Works was on a last-chance agreement when he committed another fault and was terminated. The union demanded… more

Arbitration, Collective Bargaining, Employee Rights, Employment Litigation, Labor Relations

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Daniel Dolente

New Guidance from Pennsylvania’s Superior Court for Establishing Factual Basis to Transfer Venue

Since the Supreme Court of Pennsylvania’s August 25, 2022, order changed the venue rules in medical malpractice cases—from requiring that cases be filed “only in a county in which the cause of action arose” to applying the same… more

Forum Non Conveniens, Medical Malpractice, Transfer of Venue

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Michael Duffy

A Costly Mistake

Key Points: A workers’ compensation judge is not required to correct a mistakenly-issued Notice of Compensation Payable, but they may correct a mistakenly-issued Notice of Compensation Payable… more

Appeals, Employer Liability Issues, Insurance Claims, Insurance Litigation, Judicial Authority

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Lee Durivage

The Federal Trade Commission’s Proposed Evisceration of Non-Compete Agreements – What the Proposed Rule Means for Employers

Key Points: The Federal Trade Commission is proposing to bar virtually all non-compete agreements between employees and employers. The FTC’s proposed rule would not only prohibit non-compete agreements moving forward, but it… more

Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants

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Benjamin Durstein

Petition to Terminate Total Disability Benefits for Claimant Who Had Light-duty Restrictions That Could Not Be Accommodated Denied; Claimant Had Reasonable Expectation of Returning to Pre-injury Job With Same Employer When His Condition Improved

Bowman v. Allen Harim Foods, IAB No. 1541176 (Dec. 18, 2024) - On November 4, 2023, the claimant injured his left knee in a compensable work accident that required surgery to his patella. He had to switch doctors after his first… more

Disability, Disability Benefits, Employee Benefits, Employee Rights, Employees

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Scott Eberle

New Changes to Pennsylvania Attorney Advertising Rules Prohibit Text Messages to Solicit Prospective Clients

In October 2024, the Pennsylvania Supreme Court adopted a series of amendments to the Rules of Professional Conduct for legal services communications. The new rule changes, which went into effect on November 14, 2024, are part… more

Advertising, Ethics, First Amendment, Law Practice Management, Marketing

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Lela Eke

When Favors Feel Like Obligations: A Closer Look at the Special-Mission Exemption to the Going-and-Coming Rule

Key Points: An employee’s off-site accident may be compensable under the New Jersey Workers’ Compensation Act, pursuant to the “special-mission” exception to the going-and-coming rule, even if the employee is doing a favor for… more

Compensation, Employees, New Jersey, Workers Compensation Act

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David Fagnilli

Court Rules that Liability Insurance Does Not Cover Claims for Civil Liability Under the Antiterrorism Act 18 U.S.C. 2333(a)

Travelers Prop. & Cas. Corp. v. Chiquita Brands Internatl., Inc., 2024-Ohio-1775 - Several insurers sought a declaration that they were not obligated to indemnify the defendant when it resolved underlying claims alleging… more

Commercial General Liability Policies, Indemnity, Insurance Claims, Insurance Industry, Insurance Litigation

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Laurianne Falcone

Sometimes Discovery Disputes Can Be Interesting

Key Points: The distinction between security video and surveillance video is important. Preservation of all possible video is critical to avoiding spoliation claims… more

Data Preservation, Discovery, Discovery Disputes, Evidence, Video Recordings

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Shannon Fellin

Availability of Direct Deposit for Supersedeas Fund Reimbursement

The Bureau of Workers’ Compensation is now offering direct deposit (electronic transfer) of Supersedeas Fund Reimbursement checks. To use this option, you must be a registered Commonwealth of Pennsylvania vendor… more

Direct Deposit, Electronic Fund Transfer Act, Financial Transactions, Payroll Records, Pennsylvania

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Robert Fitzgerald

A Carrier May Have No Duty to Defend an Intentional Injury Claim Against an Employer Arising from a New Jersey Workers’ Compensation Case

Key Points: A workers’ compensation insurance carrier normally does not have a duty to pay benefits for an intentional injury claim… more

Appeals, Damages, Duty to Defend, Employer Liability Issues, Insurance Litigation

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Matthew Flanagan

California Initiates Automatic Expungement of Attorney Disciplinary Records

In a first-of-its-kind move, the California State Bar endorsed a plan to expunge attorney discipline records—other than disbarment—after eight years. The practical effect of the move is that public discipline would no longer… more

Attorney Malpractice, California, Discipline, Discrimination, Diversity

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Ray Freudiger

Legal Update for Special Education Law – Updates from the Ohio Department of Education & Workforce

Ohio Implements New Technology Policy Across All Public Schools - As the role of technology continues to evolve, the policies governing it must also follow suit. As of July 1, 2025, every public school in Ohio will be forced to… more

Cell Phones, Department of Education, Educational Institutions, Medical Devices, New Legislation

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Ryan Friel

Failure to Comply with Discovery Order Results in Dismissal with Prejudice and Monetary Sanctions

Robert Hayes, et al. v. Aegis Capital, FINRA Case #22-02854 - Six claimants asserted causes of action for suitability, churning, failure to supervise, breach of fiduciary duty, breach of contract, unauthorized trading,… more

Attorney's Fees, Breach of Contract, Breach of Duty, Discovery, Dismissal With Prejudice

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Adam Fulginiti

Telemedicine Consequences Resulting from the End of the COVID-19 Public Health Emergency on May 11, 2023

On January 30, 2023, the White House issued a statement that the Biden Administration will end the COVID-19 public health emergency on May 11, 2023. President Biden confirmed this event during the February 7, 2023, State of the… more

Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Health Care Providers, Public Health Emergency, Telehealth

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Jacob Gilboy

Legal Update for Special Education Law – Updates from the Pennsylvania Department of Education - June 2025

Pennsylvania Recognizes 15 Postsecondary Institutions for Efforts to Support Student Mental Health and Prevent Suicide - Pennsylvania Department of Education Press Release - May 27, 2025 - Philadelphia, PA - At Temple… more

Colleges, Department of Education, Educational Institutions, Mental Health, Pennsylvania

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Dana Gittleman

Pennsylvania Superior Court Finds Appellants’ Position Unreasonable

In Hespen v. Erie Insurance Company, Levy Insurance Company, LLC and Thomas Levy, 332 A.3d 1229 (Pa. Super. 2024), the Pennsylvania Superior Court rejected the appellants’ assertion of the applicability of the doctrine of… more

Appeals, Breach of Contract, Commercial Insurance Policies, Contract Disputes, Denial of Insurance Coverage

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Bradley Goewert

Experts in Defense: Delaware Superior Court Agrees that Expert Witnesses Must Opine Beyond Mere Speculation to Meet Basic Causation Requirements and the Opinion Must Be Unequivocal

Key Points: Expert medical testimony must be offered unequivocally to support causation in medical negligence cases… more

Expert Testimony, Health Care Providers, Medical Negligence, Negligence, Nurses

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Jessica Gordon

Be Specific to Avoid Waiver of Subrogation Rights

Key Points: New Jersey Workers’ Compensation Statute includes provisions for employers to seek subrogation in claims involving third-party recoveries by employees… more

Employee Rights, Employer Responsibilities, Insurance Claims, Insurance Litigation, New Jersey

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Benjamin Goshko

Appeals Court Reverses Punitive Damages Award, Finds Late Trial Amendment to Add Recklessness Prejudiced Defense

Bernavage by and through Vanston v. Green Ridge Healthcare Group, LLC, WL 14279152025, (Pa. Super. May 19, 2025) - This case concerned an elderly woman’s slip and fall on a shower floor while being assisted by staff in an elder… more

Appeals, Appellate Courts, Defense Strategies, Discovery, Negligence

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Sean Govlick

NJ Appellate Division Clarifies Consumer Fraud Act Exception for Insurance Producers, Upholds Plemmons

On June 24, 2025, the New Jersey Appellate Division issued an unpublished opinion in Lowe v. Audet, A-4093-23, holding that insurance producers remain exempt from liability under the Consumer Fraud Act (CFA) when performing… more

Appeals, Consumer Protection Laws, Insurance Brokers, Insurance Industry, Insurance Litigation

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Matthew Gray

The Wild West on the East Coast: How the Fix Known as “No-Fault” Turned New York Into the O.K. Corral

Howdy! Did y’all come to hear about the virtues and triumphs of New York State No-Fault? Well sit on down and warm yourself by the fire, while I tell you the story of how a new little law gave way to greed, corruption and the… more

Auto Insurance, Car Accident, Compensation, Insurance Industry, Medical Expenses

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James Greco

Getting the Gist: The Evolution and Application of Pennsylvania’s Gist of the Action Doctrine in Legal Malpractice Actions

Key Points: While legal malpractice actions can be brought as a negligence or contract claim, the gist of the action doctrine serves to limit those instances… more

Attorney Malpractice, Breach of Contract, Contract Disputes, Duty of Care, Negligence

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Stephen Gross

Caution: The Potential Quagmire of Unwanted Arbitration Clauses Are Often Buried in the Details

Key Points: Consider including third parties or remote parties to a complaint. Arbitration clauses can appear in various contracts, including product warranties. The potential dangers of agency relationships in construction… more

Arbitration, Construction Industry, Dispute Resolution, Warranties

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Lisa Grubb

Delaware ‘Meet and Confer’ Rule Requires Human Contact??!

Key Points: The Superior Court of Delaware’s “meet and confer” requirement is mandated by the notice provision articulated in Del. R. Civ. P. Super. Ct. 37(a). The Rule has long been interpreted by counsel to require only an… more

Delaware, Discovery, Discovery Disputes, Dispute Resolution, Meet and Confer

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Elizabeth Guariglia

All Bark and All Bite

Key Points: In New York, if the owner of an animal knew or should have known the animal had vicious propensities, a plaintiff may seek to hold the owner strictly liable… more

Appeals, Negligence, New York, Premises Liability, Property Owners

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Brad Haas

Failure to Join Both Property Owners Leads to Case Dismissal

Key Points: Pennsylvania Superior Court recently held that a plaintiff’s failure to join an indispensable party property co-owner was grounds for full dismissal of his premises liability claim… more

Bodily Injury, Joint Ownership, Joint Tenancy, Premises Liability, Property Owners

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Holly Hamilton

Appellate Court Reverses Denial of Summary Judgment in FCRA Retaliation Case

Washington Cnty. Sch. Bd. v. Davis, 50 Fla. L. Weekly D247 (Fla. 1st DCA Jan. 23, 2025) - A trial court’s denial of summary judgment was overturned after an appellate court found that a job applicant failed to meet the statutory… more

Appeals, Civil Rights Act, Employment Litigation, Filing Deadlines, Florida

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Kiara Hartwell

Appellate Division Affirms Dismissal of Construction Zone Death Suit Against Employer and Engineering Firms Based on Workers’ Compensation Bar and Failure to Serve Affidavits of Merit

Estate of Mike Alexander, Deceased, et al. v. Northeast Sweepers, et al., No. A-1486-23 (June 19, 2025) - On July 11, 2014, Michael Alexander was struck and killed by a sweeper truck while working in an active construction zone… more

Appellate Courts, Construction Litigation, Construction/Work Zones, Engineering, OSHA

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Shane Haselbarth

New York Court Reaffirms Internal Affairs Doctrine, Denies Standing in Derivative Suit Against English Corporation

Ezrasons, Inc. v. Rudd, No. 2, --- N.E.3d ---, 2025 WL 1436000 (May 20, 2025) - “Few principles are more firmly entrenched in corporate law than the internal affairs doctrine, a choice-of-law rule providing that, with rare… more

Appeals, Business Litigation, Choice-of-Law, Corporate Governance, Derivative Suit

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Morgan Henderson

Legal Update for Special Education Law – Updates from the Ohio Department of Education & Workforce

Ohio Implements New Technology Policy Across All Public Schools - As the role of technology continues to evolve, the policies governing it must also follow suit. As of July 1, 2025, every public school in Ohio will be forced to… more

Cell Phones, Department of Education, Educational Institutions, Medical Devices, New Legislation

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Blake Hood

First District Court of Appeal Enforces Statutory Provision Divesting Judges of Compensation Claims of Subject Matter Jurisdiction

Sapp v. Sims Crane & Equip. Co./Bridgefield Cas. Ins. Co., Fla. 1st DCA 2025, No: 1D2024-0300, May 7, 2025 - In a per curium opinion from the First District Court of Appeal on May 7, 2025, the court addressed what at first… more

Appeals, Collective Bargaining Agreements (CBA), Dispute Resolution, Employee Benefits, Employer Responsibilities

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Adam Huber

Waiting on a Workers' Compensation Lien Reimbursement in New Jersey? You May Have to Wait a Little Longer. Section 40 and the Timeline for Satisfaction

Key Points: The New Jersey workers’ compensation statute and applicable case law protects employers’ worker’s compensation lien rights against an injured worker’s third-party recovery… more

Compensation & Benefits, Liens, New Jersey, Reimbursements, Workers' Compensation Claim

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Jennifer Hutchins

Second District Court of Appeal Reinstates Homeowner’s Lawsuit, Assigns New Judge Over Bias Concerns

Montes v. Universal Property & Casualty Insurance Co., Fla. 2d DCA, No. 2D2023-1200, February 12, 2025 - The Second District Court of Appeal revived an insurance coverage suit a homeowner brought against his insurance carrier,… more

Appellate Courts, Bias, Breach of Contract, Denial of Insurance Coverage, Dismissals

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Rachel Insalaco

Legal Update for Special Education Law – Case Law Update

Court Allows Supplementation of Record in Special Education Appeal, Weighing Child Find Obligations. Q.H. by and through Regan H. v. Scranton School Dist., 2025 WL 419529 (M.D. Pa. Feb. 6, 2025)… more

Appeals, Department of Education, Disability Discrimination, Disabled Children, Free Appropriate Public Education (FAPE)

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Michael Jacobson

Legal Updates for Lawyers’ Professional Liability - Case Law Update

The Court of Appeals of New York answers the question of whether a plaintiff may bring a claim under Judiciary Law § 487 in a plenary action. Urias v. Daniel P. Buttafuoco & Assoc., PLLC, 41 NY3d 560, 563 (2024)… more

Appeals, Appellate Courts, Attorney Malpractice, Damages, Guardianships

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Leslie Jenny

Defense Victory: Summary Judgment Granted for Corporate Nursing Home Defendants in Medical Negligence Case

Leslie M. Jenny and Gabriella M. Wittbrod, both of our Cleveland, OH office, were granted summary judgment on behalf of their corporate nursing home clients in this medical negligence case. Judge Phillip S. Naumoff of the… more

Employer Liability Issues, Healthcare Facilities, Hospitals, Litigation Strategies, Medical Malpractice

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Ashley Johns

Third District Court of Appeal Rules Affidavit Lacks Evidence Linking Damage to Tropical Storm Eta

Thomas A. Bouchard, Jr. v. Citizens Prop. Ins. Corp., Fla. 3d DCA, No. 3D12-2202, February 19, 2025 - Thomas Bouchard, the appellant, appealed a final summary judgment order entered in favor of Citizens Property Insurance Corp… more

Appeals, Breach of Contract, Denial of Insurance Coverage, Evidence, Insurance Claims

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Paul Johnson

Appellate Court Reverses $224 Million Verdict Against Johnson & Johnson

On October 4, 2023, a panel of three judges in the New Jersey Appellate Division reversed a $224 million verdict against Johnson & Johnson, awarded to a consolidated group of four plaintiffs who alleged their use of the… more

Expert Testimony, Expert Witness, Johnson & Johnson, Reversal, Toxic Exposure

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Honey Kalkins

Fourth District Court of Appeal: Noncompliance with Post-Loss Requirements Is a Contract Breach, No Prejudice to Insurer Needed

Alton Forbes v. People’s Trust Ins. Co., Fla. 4th DCA, No. 4D2023-2375, January 8, 2025 - The Fourth District Court of Appeals ruled that the final judgment against the appellant stands because the appellant failed to comply… more

Appeals, Breach of Contract, Compliance, Contract Terms, Denial of Insurance Coverage

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Jonathan Kanov

Seismic Changes May Soon Be Coming to Florida Statutes for Comparative Negligence, Lodestar Fee, Statute of Limitations and One-Way Attorney’s Fees Against Insurers

With the support of Governor Ron DeSantis, Florida House Bill 837 was filed on February 15, 2023, which would bring comprehensive reforms to civil litigation in Florida. In an attempt to try to stomp out Florida’s notoriety as… more

Comparative Negligence, Florida, Statute of Limitations

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Matthew Keris

Long-Term Care Facility Faces Criminal Scrutiny for Early COVID-19 Actions

On March 14, 2023, the Los Angeles County District Attorney announced multiple felony criminal charges would be filed against a nursing home facility and three of its administrators for their handling of a COVID-19 infected… more

Coronavirus/COVID-19, Enforcement Actions, Health Care Providers, Long Term Care Facilities, Nursing Homes

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Emily Knepper

Applicability of the “Relation-Back Doctrine”

Emory v. Bailey, N.E.3d ---, 2024 WL 2316080, 2024-Ohio-1955 - An auto accident occurred on October 23, 2018, in Newark, Ohio. On October 22, 2020, the appellants—Jon Emory, Caleb Emory and Tina Emory—filed a complaint against… more

Amended Complaints, Car Accident, Negligence, Statute of Limitations

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Estelle Kokales McGrath

The Customer is Not Always Right: Considering the Customer’s Conduct When Defending Insurance Brokers

Insurance brokers are usually sued when their customers find themselves without the necessary insurance to protect themselves from suit or damages. While brokers can face liability in certain scenarios, they have defenses that… more

Insurance Brokers, Insurance Industry, Insurance Litigation, Liability, Negligence

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Taylor Kosko

Appellate Court Reverses $224 Million Verdict Against Johnson & Johnson

On October 4, 2023, a panel of three judges in the New Jersey Appellate Division reversed a $224 million verdict against Johnson & Johnson, awarded to a consolidated group of four plaintiffs who alleged their use of the… more

Expert Testimony, Expert Witness, Johnson & Johnson, Reversal, Toxic Exposure

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Heather LaBombardi

New Jersey Courts Address Plaintiffs’ Demands to Inspect Electronic Medical Records – Appellate Division Sides with Plaintiffs (with Restrictions)

Estate of Lasiw by Lasiw v. Periera, 475 N.J. Super. 378 (2023) - Plaintiffs have increasingly demanded to gain access to the Electronic Medical Records (EMR) of health care providers/facilities, citing Rule 4:18-1, and Rule… more

Discovery, Electronic Medical Records, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Personally Identifiable Information

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Paul Lanza

Defendants Waived Right to Arbitration by Litigating for 17 Months Before Filing Motion

Parkin v. Avis Rent A Car Sys. LLC et al., 22-CV-05481, 2025 WL 484588 (D.N.J. Feb. 13, 2025) - The class action plaintiffs alleged that they purchased Supplemental Liability Insurance, which they claim the defendants promised… more

Arbitration, Class Action, Federal Arbitration Act, Litigation Strategies, Motion to Compel

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Todd Leon

Supreme Court of New Jersey Holds that Indemnification Can Exist in First-Party Claims, With the Appropriate Language

For many years, the rule of law governing claims for contractual indemnification in New Jersey has been well-established under the so-called “Azurak” rule, which requires that, in order for a party to be indemnified for its own… more

Attorney's Fees, Bylaws, Condominium Associations, Indemnification, Insurance Industry

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Gary Lesser

Is the Operator of a Low-Speed Electric Scooter a “Pedestrian” Under N.J.S.A. 39:6a-2(H) and Entitled to PIP Benefits?

By way of background, on November 22, 2021, David Goyco was operating a Segway low-speed electric scooter (LSES), which has a maximum speed of 15.5 miles per hour, when he was struck by an automobile. As a result of the… more

Auto Insurance, Bodily Injury, Car Accident, Denial of Insurance Coverage, Insurance Litigation

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Adam Levy

The Lack of a Retainage Payment to a General Contractor Did Not Bar Payment to the General Contractor’s Subcontractors, Regardless of a Condition Precedent Requiring That the General Contract Be Paid Before the Subcontractors

As addressed in the unreported case of J &M Interiors, Inc. v. Centerton Square Owners, LLC, (A-2536-19, 2021 WL 1976648 (N.J. Super. Ct. App. Div. May 18, 2021), the lack of a retainage payment to a general contractor (GC) did… more

Construction Contracts, Construction Industry, General Contractors, Pay if Paid, Subcontractors

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Bobbi Lewis

Hospital Owed Duty of Care Through Pre-Transfer Involvement, Pennsylvania Court Affirms

Munoz v. Children’s Hosp. of Philadelphia, No. 1388 EDA 2024, 2025 WL 1504354 (Pa. Super. Ct. May 27, 2025) - The Superior Court of Pennsylvania affirmed the judgment entered by the Court of Common Pleas of Philadelphia County,… more

Duty of Care, Health Care Providers, Hospitals, Medical Malpractice, Negligence

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Frank Madia

Overcoming the Daubert Challenge With Your Billing and Coding Expert

Key Points: The Florida Standard Jury Instructions pertaining to plaintiff’s medical expenses instruct the jury to consider and award damages for the reasonable value or expense of medical care and treatment necessarily or… more

Expert Testimony, Medical Billing Codes, Medical Bills, Medical Expenses, Slip and Fall

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Lisa Maeyer

Experts in Defense: Delaware Superior Court Agrees that Expert Witnesses Must Opine Beyond Mere Speculation to Meet Basic Causation Requirements and the Opinion Must Be Unequivocal

Key Points: Expert medical testimony must be offered unequivocally to support causation in medical negligence cases… more

Expert Testimony, Health Care Providers, Medical Negligence, Negligence, Nurses

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Jonathan Magpantay, CPCU

Changes in Insurance Fraud Law Takes Case for a Ride

The unpublished case of Settler v. Auto-Owners Ins. Co., 2023 WL 5157685, illustrates the impact of evolving case law and changes in insurance fraud litigation in the state of Michigan. In Settler, the plaintiff was injured in a… more

Defense Strategies, Insurance Fraud, Insurance Industry, Insurance Litigation, Policy Terms

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Kevin Majernik

Legal Roundup - Pennsylvania

Pennsylvania Superior Court holds that trial court correctly entered nonsuit on plaintiff’s corporate negligence claim for failing to show actual or constructive knowledge… more

Evidence, Health Care Providers, Hospitals, Medical Malpractice, Negligence

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Andrew Marchese

Legal Update for Insurance Agents & Brokers – CASE LAW UPDATE

Federal Court Applies Blumberg to Distinguish Accrual of Negligence and Fiduciary Claims in Insurance Agent Dispute - Romero v. Kinsale Ins. Co., No. 25-20084-CIV, 2025 WL 837820 (S.D. Fla. Mar. 18, 2025) - In a recent decision,… more

Breach of Duty, Denial of Insurance Coverage, Fiduciary Duty, Insurance Agents, Insurance Brokers

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Sara Mazzolla

11th Circuit Court of Appeals Vacates Ruling Against Plaintiff in Amusement Park Discrimination Case

Campbell v. Universal (11th Cir. U.S. Court of Appeals) - In this case, the plaintiff argued that the amusement park imposed discriminatory eligibility criterion, in violation of the ADA, when it refused to permit him to ride on… more

Americans with Disabilities Act (ADA), Amusement Parks, Disability Discrimination, Eligibility, Safety Precautions

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Jordan Mazzoni

Examining the Limits of the State-Created Danger Doctrine

Cappel v. Aston Twp. Fire Dep’t, 693 F. Supp. 3d 467 (E.D. Pa. 2023) - During the COVID-19 pandemic, the decedent’s family urgently called 911 as she struggled to breathe and had dangerously low blood-oxygen levels. However, the… more

Coronavirus/COVID-19, EMTs, Fourteenth Amendment, Infectious Diseases, Motion to Dismiss

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Lindsay McCormick

General Contract May Be Entitled to Award of Attorneys’ Fees Against Subcontractor, Despite Jury’s Apportionment of Damages

Babin Builders and Development Inc. v. Quinones, Fla. 1st DCA, No. 1D2022-4103, February 12, 2025 - For construction defect litigation, many times we are called into action to defend a subcontractor who has been included as a… more

Attorney's Fees, Breach of Contract, Construction Defects, Construction Litigation, Contract Disputes

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William McPartland

Legal Update for Special Education Law – Updates from the U.S. Department of Education

In Tennessee v. Cardona, 2025 WL 63795, a Kentucky federal judge issued an opinion vacating the new Title IX regulations. In April of 2024, new Title IX regulations expanded the concept of discrimination “on the basis of sex”… more

Constitutional Challenges, Department of Education, Federal Funding, First Amendment, Gender Identity

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Jennifer Meyers

Supreme Court Finds Distinction in Applicability of Law Enforcement’s Governmental Immunity

Adesokan v. Town of Bloomfield, 347 Conn. 416, 297 A.3d 983 (2023) - This is a very interesting appeal involving whether a police officer holds a special defense of governmental immunity in the appellant’s underlying personal… more

Car Accident, Governmental Immunity, Law Enforcement, Negligence, Summary Judgment

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Michelle Michael

New Jersey Appellate Division Addresses the Statute of Limitations Accrual Date in a Constructive Discharge Claim Brought Under the NJLAD and CEPA

Andriani v. Hudson Cnty. Sch. of Tech., No. A-1704-22, 2024 WL 464577 (N.J. Super. Ct. App. Div. Feb. 7, 2024) - This appeal involved the analysis of the accrual date in the context of a constructive discharge claim brought… more

CEPA, Employment Litigation, New Jersey, NJLAD, Statute of Limitations

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Raymond Michaud

Develop the Helpful Habits to Ward Off Litigation

Reprinted with permission from the Pennsylvania CPA Journal, a publication of the Pennsylvania Institute of Certified Public Accountants. CPAs provide services in an environment that is susceptible to litigation, as they often… more

Accountants, Breach of Contract, CPAs, Financial Services Industry, Negligence

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Karen Minehan

The New and Broadened Law Governing Venue in Pennsylvania Medical Malpractice Cases

Key Points: Recent Pennsylvania Supreme Court actions may dramatically broaden the counties in which plaintiffs may file medical malpractice actions. Such actions can now be filed and litigated hundreds of miles from the… more

Health Care Providers, Medical Malpractice, PA Supreme Court, Pennsylvania

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Patricia Monahan

Pa. Supreme Court Evaluates Constitutional Parameters of a Jury’s Punitive Damage Award

While it is well known that an insured has a clear and convincing standard of proving bad faith in order to recover such damages, it is lesser recognized that an insured does not have to prove outrageous conduct or evil motive… more

Bad Faith, Insurance Industry, Insurance Litigation, Joint Tortfeasors, Liability

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Aaron Moore

Delaware Supreme Court Rules that Attorneys Are Liable for Malpractice Claims If a Sufficiently Developed Record Could Have Impacted the Outcome of a Case

GMG Ins. Agency v. Margolis Edelstein, 2024 WL 1688869 (Del. Apr. 19, 2024) - Update: Prior to publication of this alert, the Delaware Supreme Court vacated its earlier opinion in GMG Ins. Agency v. Margolis Edelstein, 2024 WL… more

Attorney Malpractice, Client Representation, DE Supreme Court, Insurance Industry, Insurance Litigation

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Keri Morris-Johnston

In Order to Qualify for Unemployment Benefits, the Unemployed Individual Must Be Able and Available to Work

The plaintiff had been out of work for medical reasons for several months. She was medically cleared to return to work in March 2020, but due to the COVID-19 pandemic and her pre-existing medical condition, her medical provider… more

Reasonable Accommodation, Unemployment Benefits

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Robert Morton, IV

Shoddy Home-Improvement Contracting? Grounds for Recovering Treble Damages and Attorneys Fees under Pennsylvania Home Improvement Consumer Protection Act and Pennsylvania Unfair Trade Practices and Consumer Protection Law

Key Points: Trial courts are determined to protect the individual consumer from bad-acting contractors, including with the award of treble damages and attorneys fees under the HICPA and URPCPL… more

Attorney's Fees, Construction Contracts, Construction Defects, Construction Industry, Damages

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Joanne Nachio

Florida Passes Tort Reform: What You Need to Know

On March 24, 2023, Florida Governor Ron DeSantis signed House Bill 837, “Civil Remedies,” into law. HB 837 contains sweeping tort reform that will uproot the landscape of Florida civil litigation. The changes apply to causes of… more

Corporate Counsel, Florida, Medical Malpractice, Negligence, Statute of Limitations

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Alan Nash

On the Pulse…The Blitz Is Coming: Pranks, Perception and the Risk of Draft Day

In April, the high-stakes world of the NFL Draft took over the airwaves. Millions were made and fumbled away as each round unfolded. Scouting reports were dissected, 40-yard dash times debated, and the patience of each player… more

Business Litigation, College Athletes, Damages, False Advertising, Misrepresentation

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Anthony Natale III

Beware of the Language Used in Your Settlement Agreements: Medicare Is Watching

The workers’ compensation practitioner has now become a forced bedfellow of CMS, like it or not. If you fail to “issue spot” in relevant settlements, you will have problems. Reprinted with permission from the October 2, 2023… more

Centers for Medicare & Medicaid Services (CMS), Disability, Medicare, Settlement Agreements, Workers' Compensation Claim

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Taylor Naughton

Senate Bill Changes Statute of Limitations, Statute of Repose, and Amends Statutory Building Code Violation

Senate Bill 360, which was signed by Governor DeSantis on April 13, 2023, amends the statute of limitations and statute of repose for construction claims and amends the statutory building code violation claim. The statute of… more

Building Codes, Construction Industry, Florida, Statute of Limitations, Statute of Repose

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Megan Nelson

Florida Tort Reform: The Impact of House Bill 837 on Health Care Litigation

On March 24, 2023, Florida Governor Ron DeSantis signed House Bill 837 into law. Also known as the “Civil Remedies” or “Tort Reform” law, HB 837 has changed civil litigation in Florida, including providing a uniform standard for… more

Damages, Florida, Health Care Providers, Healthcare, Medical Bills

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John Ninosky

Third Circuit Holds There Is No Right to Intervention in a Medical Context

Key Points: There is a constitutional right to medical care for those individuals in custody. Although there is a right to have a government actor intervene when the underlying constitutional violation involves excessive… more

Eighth Amendment, Healthcare, Inmates, Prison, Qualified Immunity

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Carolin Pacheco

Fourth District Court of Appeals Rules in Favor of Homeowners, Citing Trial Court Calendaring Error

Howard Roy Housen and Valerie Housen v. Universal Property & Casualty Insurance Company, Fla. 4th DCA, No. 4D2023-2720, January 22, 2025 - The Fourth District Court of Appeals found that the homeowners demonstrated excusable… more

Appeals, Arbitration, Arbitration Agreements, Breach of Contract, Dispute Resolution

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Michael Packer

Attorneys’ Fee Amount and Multiplier Reversed by Appellate Court

Universal Property & Casualty Insurance Company v. Medero, Fla. 3d DCA, No. 3D24-0338, February 19, 2025 - The Third District Court of Appeal reversed and remanded the initial fee award entered by the trial court: $150 per hour… more

Appellate Courts, Attorney's Fees, Damages, Evidence, Florida

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Tyler Price

Proposed Expert’s Qualification to Proffer Standard of Care Opinions Must Be Evaluated Under the Entirety of Section 512 of the MCARE Act

Key Points: Standard of Care: Patient assessment and discussion of procedures to be performed to evaluate the patient prior to surgery fall under the purview of the standard of care, not informed consent… more

Discovery, Expert Testimony, Healthcare, Litigation Strategies, Medical Malpractice

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Noah Prosser

Court Reverses Summary Judgment, Finding Insurer Failed to Prove Policy Exclusion

Ronald and Lovelie Belizaire v. Citizens Prop. Ins. Corp., Fla. 4th DCA, No. 4D2023-2488, February 12, 2025 - The Fourth District Court of Appeal reversed the trial court’s order granting summary judgment in favor of the… more

Appeals, Breach of Contract, Contract Terms, Denial of Insurance Coverage, Evidence

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Lauren Purcell

Superior Court Reverses Dismissal, Holds Electronically Signed Praecipe Timely Filed Upon Receipt by Prothonotary

Scheibe v. Woodloch Resort, 2025 Pa. Super. 109 (Pa. Super. May 20, 2025) - The Superior Court of Pennsylvania ruled that a praecipe for writ of summons was deemed to be timely filed as of the date it was initially received by… more

Appeals, Dismissals, E-Signatures, Electronically Stored Information, Filing Deadlines

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Stephen Purcell

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

Early v. Patient First Medical Group, et al., 311 A.3d 608 (Pa. Super. Dec. 26, 2023) - The plaintiff was bitten by a dog and treated by the defendants. She later filed a medical malpractice action against the providers who… more

Defense Strategies, Discovery, Health Care Providers, Medical Malpractice, Settlement

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Jeffrey Rapattoni

Georgia Permits the Discovery of Litigation Funding – Will Other States Soon Follow?

On April 21, 2025, Georgia became one of the first states to enact a statute to permit the discovery of litigation funding, paving the way, perhaps, for a number of other states to soon follow… more

Disclosure Requirements, Discovery, Georgia, Insurance Industry, Insurance Litigation

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Georgette Reid

Appellate Court Revives Nursing Home Rights Claim, Rejects Limitation to Current Residents Under NHA

Salters v. South Mountain Rehab. Ctr., LLC., A-1790-23, Jun. 17, 2025 - The plaintiff fell in his room at the defendants’ nursing facility. Because the plaintiff was taken to the hospital the next morning, September 16, 2019, he… more

Appeals, Healthcare Facilities, Negligence, Nursing Homes, Summary Judgment

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Danielle Robinson

Fifth District Court of Appeal Rules Insurance Benefit Assignment to Roofing Contractor Invalid Under Florida Statute § 627.7152.

Holding Insurance Companies Accountable, LLC v. Leonard Caruso v. American Integrity Insurance Company of Florida, Fla. 5th DCA, No. 5D2023-2810, January 3, 2025 - The homeowner reported roof damage to his homeowners insurance… more

Breach of Contract, Contract Terms, Florida, Homeowner's Insurance, Homeowners

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Amara Benitez Rodriguez

Plaintiff Does Not Have to Pay for It and Neither Should You: Preventing Plaintiff’s Introduction of Past Medical Expenses that Have Been Adjusted and/or Written Off by Collateral Source Payments

Key Points: Evidence of past medical bill charges that have been paid, adjusted, or written off are not relevant. Florida case law establishes that Medicare/Medicaid recipients are precluded from showing evidence of medical… more

Admissibility, Collateral, Evidence, Liability, Medicaid

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Dante Rohr

Legal Updates for Lawyers’ Professional Liability - Case Law Update

Florida Court of Appeal Holds that Illinois Law Firm Subject to Jurisdiction of State of Florida in Connection with Legal Malpractice Lawsuit Brought by Personal Representatives of Deceased Father’s Florida Estate - Neal Gerber… more

Beneficiaries, Estate Planning, Executors, Florida, Illinois

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Kimberlin Ruiz

The Pay Transparency Act Makes Its Splash this Summer in New Jersey

Key Points: June 1, 2025, the Pay Transparency Act takes effect in the state of New Jersey. Under the Act, employers are required to include the salary and/or hourly wage range being considered for a vacant position… more

Disclosure Requirements, Employee Rights, Employer Responsibilities, Job Ads, Job Applicants

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Maura Ryan

Georgia Permits the Discovery of Litigation Funding – Will Other States Soon Follow?

On April 21, 2025, Georgia became one of the first states to enact a statute to permit the discovery of litigation funding, paving the way, perhaps, for a number of other states to soon follow… more

Disclosure Requirements, Discovery, Georgia, Insurance Industry, Insurance Litigation

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Evan Saltzman

As an Incident Occurred While Transporting a Passenger in New Jersey, Insurance Company’s Endorsement 7212 Acted to Increase Its Underinsured Motorist’s Coverage Limits to Meet New Jersey’s Limits of $1.5 Million as Specified by New Jersey Law.

Nicolas R. Lafont v. Farmers Insurance Exchange, 2023 WL 8698908, Nov. 29, 2023 (Pa.Com.Pl.) - The plaintiff, who was driving for Uber at the time of the accident, alleged that the defendant’s insured, Claudio Palacios-Serrano,… more

Bodily Injury, Car Accident, Negligence, Reckless Driving

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Michael Salvati

Court Affirms Dismissal of Product Liability Claim Over Absence of Driver-Assistance Features

Berkoski v. Honda Motor Company, Ltd., 328 A.3d 986 (N. J. Super., App. Div. 2025) - This product liability action centered on a fatal auto accident; a head-on collision that the plaintiff claimed could have been prevented if… more

Appeals, Car Accident, Liability, Manufacturers, Motor Vehicles

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Josie Scanlan

NJ Court Rules Lack of Optional Driver-Assistance Tech Does Not Constitute Design Defect Under Products Liability Law

Berkoski v. Honda Motor Company, et al., (App. Div. 2025) - The New Jersey Appellate Division was presented with a question about what constitutes a defective product or design under the New Jersey Products Liability Act when… more

Design Defects, Manufacturer Liability, Motor Vehicles, Negligence, New Jersey

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Joshua Scheets

A Double Take: Workers’ Compensation Liens Render UIM Non-Duplication Clauses Unenforceable

Key Points: Delaware Superior Court permits injured plaintiffs-employees to board medical bills and lost wages already paid by the workers’ compensation carrier in subsequent UIM claim related to the same incident, despite a… more

Contract Terms, Delaware, Employment Litigation, Insurance Claims, Insurance Litigation

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Jacob Schultz

The Nature of Attorney Disciplinary Proceedings

Key Points: The Pennsylvania Supreme Court has clarified that the standard of proof required for a finding of attorney misconduct is “clear and convincing evidence.” Attorney disciplinary matters “are in the nature of… more

Attorney Misconduct, Burden of Proof, Collateral Estoppel, Disciplinary Proceedings, Evidence

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Corey Setterlund

Waiver of Civil Remedy Notice Defenses: Florida Court Rules Against Insurer in Bad Faith Case.

Darryl Vachon v. The Travelers Home & Marine Ins. Co., Fla. 2d DCA, No. 2D2023-2674, February 14, 2025 - The insured was injured in 2011 when he was rear-ended by a driver who had a $10,000.00 insurance policy. The insurance… more

Appeals, Bad Faith, Car Accident, Florida, Insurance Claims

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Renee Severino

Asbestosis Takes the Stand: Raising Awareness of an Abnormally High Verdict for a Typically Low Value Case

Key Points: Asbestosis claims are usually considered to be on the lower end of settlements for asbestos law cases. A verdict of $25 million was returned by a jury in Philadelphia, where the last asbestosis case verdict was… more

Asbestos, Asbestos Litigation, Hazardous Substances, Jury Verdicts, Occupational Exposure

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Joelle Silver

In Effort to Reform Florida Condo and HOA Laws, Governor Desantis Signs Two New Bills

Governor Ron Desantis recently signed two new bills in an effort to reform both condo and HOA laws in Florida. These both went into effect on July 1, 2024. The following is a summary of some of the revisions to the HOA laws… more

Condominium Associations, Condominiums, Florida, Homeowners Association (HOA), Recordkeeping Requirements

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Teresa Sirianni

Legal Update for Special Education Law – Updates from the Pennsylvania Department of Education

Commonwealth Court voids Pennsylvania Department of Education’s newly imposed Age-Out Plan for failure to implement it in accordance with Pennsylvania Laws.* PSBA, Inc., et al. v. Dr. Khalid N. Mumin, Secretary of Education of… more

Department of Education, Disabilities, Disabled Children, Educational Institutions, Pennsylvania

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John Slimm

New Jersey Revises Jury Charge on Proximate Cause in Legal Malpractice

A recent update to New Jersey’s Model Civil Jury Charges marks a significant development in legal malpractice law—and directly reflects the work of attorneys in our Mount Laurel, New Jersey office, Jack Slimm and Jeremy… more

Appellate Courts, Attorney Malpractice, Damages, Expert Testimony, Insurance Litigation

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Thomas Slogar

Overcoming the Daubert Challenge With Your Billing and Coding Expert

Key Points: The Florida Standard Jury Instructions pertaining to plaintiff’s medical expenses instruct the jury to consider and award damages for the reasonable value or expense of medical care and treatment necessarily or… more

Expert Testimony, Medical Billing Codes, Medical Bills, Medical Expenses, Slip and Fall

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Dylan Smith

Tsunami or Business as Usual: What Does the New Motorcycle Lemon Law Hold for Pennsylvania?

Key Points: Effective May 18, 2025, purchasers of new motorcycles in Pennsylvania may bring Lemon Law suits… more

Consumer Protection Laws, Lemon Laws, Manufacturers, Motor Vehicles, New Legislation

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Thomas Specht

Denial of Insurer’s Petition for Limited Intervention in Trial Court Action Against Insured to Determine Whether Coverage Exclusion Applies is Immediately Appealable

Key Points: Trial court’s denial of insurer’s petition for limited intervention to determine whether coverage exclusion applied was immediately appealable pursuant to Pa. R.A.P. 313(b)… more

Bodily Injury, Denial of Insurance Coverage, Insurance Industry, Insurance Litigation, Liability Insurance

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Alana Staniszewski

Commonwealth Court Paves the Way for Workers’ Compensation Fee Agreements Pertaining to Prospective Medical Benefits by Declaring the Same “Per Se Reasonable”

Key Points: A 20% Fee Agreement applicable to all workers’ compensation benefits, indemnity and medical, is per se reasonable and enforceable, regardless of whether the medical expenses have been incurred or will be incurred in… more

Attorney's Fees, Compensation & Benefits, Fee Agreements, Health Care Providers, Indemnity

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Alesia Sulock

Pennsylvania Supreme Court Clarifies Clear and Convincing Standard in Attorney Disciplinary Cases

In the recent disciplinary matter of ODC v. Anonymous, 2025 WL 524221 (Pa. Feb. 12, 2025), the Pennsylvania Supreme Court established the standard applicable to attorney disciplinary matters, expressly holding that the… more

Attorney Misconduct, Bankruptcy Court, Burden of Proof, Clear and Convincing Evidence, Collateral Estoppel

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Nicole Tanana

Can Felons Pursue Damages Against Their Providers for Their Criminal Conduct? The Pennsylvania Supreme Court Says No

Key Points: Pennsylvania Supreme Court recently evaluated the no felony conviction recovery rule. No felony conviction recovery rule bars medical malpractice and indemnification claims brought against murderer’s medical… more

Damages, Felony Murder, Health Care Providers, Indemnification, Medical Malpractice

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Pauline Tutelo

A Cautionary Tale – Diary, Diary, Diary

Arabruny Lindor v. Janoris Jenkins, Superior Court of New Jersey, Appellate Division, A-1671-22 (Mar. 5, 2024) - It is a well-known tenet of law in New Jersey that a party has 30 days from the arbitration award to file a trial… more

Arbitration, Arbitration Awards, Filing Deadlines, New Jersey, Trial de Novo

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Elizabeth Underwood

On the Horns of a Trial Dilemma: Addressing a Prior Conviction on Direct Examination or Waiving the Right to Contest the Admissibility on Appeal

Key Points: A recent Superior Court case found the filing of an unsuccessful motion in limine to preclude a prior conviction does not preserve the issue on appeal if the defendant strategically chooses to then introduce the… more

Admissibility, Appellate Review, Evidence, Prior Conviction, Trials

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Timothy Ventura

Statute of Limitations Stands: Pennsylvania Superior Court Affirms Dismissal of Breach of Contract Claim Against Insurance Broker

The Pennsylvania Superior Court recently affirmed the Philadelphia County Court of Common Pleas’ dismissal of breach of contract claims asserted against an insurance broker in Thuong Erin Wasielewski, Individually and as… more

Breach of Contract, Denial of Insurance Coverage, Discovery, Insurance Brokers, Insurance Industry

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Danielle Vugrinovich

Looking to Downsize Office Space or Reduce Storage Costs? What You Should Know About Federal Document Retention Requirements for Employee Records

Key Points: An employer must keep employee information confidential. Keep employee-related documents for the time periods that federal and state laws require. Safeguard the confidentiality of sensitive information within… more

Americans with Disabilities Act (ADA), Data Retention, Employees, Equal Employment Opportunity Commission (EEOC), Personal Information

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Linda Wagner Farrell

Judge of Compensation Claims Abused His Discretion in Denying a Motion to Continue a Final Hearing When the Reasoning Behind the Request Was Out of the Appellant’s Control

Miami Donuts Payroll d/b/a Dunkin Donuts and Liberty Mutual v. Claudia Villarreal, Fla. 1st DCA, No.: 23-0789, November 6, 2024 - The claimant, a cashier, was shocked while plugging in a register at work. She later developed… more

Appeals, Appellate Courts, Compensation & Benefits, Employer Liability Issues, Evidence

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D. Connor Warner

A Deadly Encounter: Court Clarifies Use of Force in Police Shooting of Mentally Ill Individual

Key Points: Use of Deadly Force: The court upheld the police officers’ use of deadly force, which is relevant for insurance coverage in similar incidents. Municipal Liability: No liability for the defendant as there was no… more

Appeals, Constitutional Challenges, Excessive Force, Fourth Amendment, Insurance Litigation

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Christian Weimann

Tsunami or Business as Usual: What Does the New Motorcycle Lemon Law Hold for Pennsylvania?

Key Points: Effective May 18, 2025, purchasers of new motorcycles in Pennsylvania may bring Lemon Law suits… more

Consumer Protection Laws, Lemon Laws, Manufacturers, Motor Vehicles, New Legislation

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Francis Wickersham

Court Affirms Termination Petition After C&R Agreement Limits Scope of Work Injury

Darin Borrelli v. Interstate Gas Supply (WCAB), No. 188 C.D. 2024, February 24, 2025, (previously not reported and reported by Order dated July 8, 2025) - In a recent decision, the Commonwealth Court of Pennsylvania affirmed a… more

Appeals, Compromise & Release, Pennsylvania, Settlement Agreements, Statutory Interpretation

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Linda Wilson

Idiopathic Fall Standard, Without the Fall

There was a fall in this case, but the claimant’s injury—disk extrusion at L3-4—occurred before the fall, when he stood up from a seated position. This case highlights that when an injury is personal to a claimant and not… more

Employer Liability Issues, Employment Litigation, Expert Testimony, Workers' Compensation Claim, Workplace Injury

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Gabriella Wittbrod

Ohio Supreme Court Orders In Camera Review in Peer Review Privilege Dispute

Stull v. Summa Health System, 177 Ohio St.3d 543, --- N.E.3d ---, 2024-Ohio-5718 - In a discovery dispute over the applicability of peer review privilege, the Ohio Supreme Court ruled that the trial court should conduct an in… more

Appeals, Discovery Disputes, Evidence, Healthcare, Hospitals

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Christopher Woodward

Court Denies UIM Coverage to Woman, Claiming ‘Family Member’ Status Through Daughter

Miller v. USAA General Indemnity Company, No. 23-1934 (3d Cir. Jan. 7, 2025) - The plaintiff, who resided with her daughter in the home of her daughter’s paternal grandmother, sought UIM benefits under an auto insurance policy… more

Appeals, Auto Insurance, Contract Disputes, Denial of Insurance Coverage, Insurance Claims

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Kristen Worley

Including Settled Defendants on a Verdict Sheet: A Reminder that No Assumptions Are Allowed

Key Points: Pennsylvania’s Fair Share Act permits the inclusion of a defendant or other non-party who has entered into a release with a plaintiff to be included on the verdict sheet and, thus, subject to apportionment of… more

Apportionment, Discovery, Immunity, Liability, Pennsylvania

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A. Judd Woytek

Pennsylvania Bureau of Workers' Compensation Payment Authorization Form

On October 29, 2024, Pennsylvania Governor Josh Shapiro signed into law Senate Bill 1232, which amended the Pennsylvania Workers’ Compensation Act to require that employers and insurers offer claimants the option to receive… more

Compensation & Benefits, Direct Deposit, Employee Benefits, Indemnity Insurance, Insurance Claims

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Gabrielle Wright

Objections to the Adequacy of a Civil Remedy Notice Can Be Waived

Vachon v. The Travelers Home and Marine Insurance Company, Fla. 2d DCA, No. 2d2023-2674, Feb. 14, 2025 - The Second District Court of Appeals considered whether an insurer can raise, as the basis of a motion to dismiss or as an… more

Appellate Courts, Bad Faith, Florida, Insurance Claims, Insurance Litigation

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Matthew Wykes

From ‘Brownish’ to Baseless: Florida Court Reinforces Slip-and-Fall Standards

Key Points: Recent case clarifies Florida premises liability law and the burden on plaintiffs under Section 768.0755, Florida Statutes… more

Appellate Courts, Florida, Insurance Claims, Insurance Litigation, Liability

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John Yaninek

Pennsylvania Superior Court Discounts Big-Box Retail Sales for Determining Venue

Key Points: Superior Court decision in Walton v. Baby Trend provides relief from pro-plaintiff venue decisions. For court venue purposes, where a company does regular business does not include its product sales in big-box… more

Pennsylvania, Retail, Venue

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Jeremy Zacharias, RPLU

New Jersey Revises Jury Charge on Proximate Cause in Legal Malpractice

A recent update to New Jersey’s Model Civil Jury Charges marks a significant development in legal malpractice law—and directly reflects the work of attorneys in our Mount Laurel, New Jersey office, Jack Slimm and Jeremy… more

Appellate Courts, Attorney Malpractice, Damages, Expert Testimony, Insurance Litigation

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