Publications
Reckless Disregard to Medical Needs: Calling Paramedics Is Not Enough
The Sixth Circuit considered appellate jurisdiction when there is a question of fact, the extent that a self-serving affidavit can be used in cases with body camera footage, and the bounds of an officer’s responsibility to respond to a medical eme
Case Law Alerts, 3rd Quarter, July
Failure to Comply with Discovery Order Results in Dismissal with Prejudice and Monetary Sanctions
Six claimants asserted causes of action for suitability, churning, failure to supervise, breach of fiduciary duty, breach of contract, unauthorized trading, negligence, misrepresentation and omission of facts.
Case Law Alerts, 3rd Quarter, July
Complex Claimant Scenario Leads to $1 Million Judgment for Plaintiffs
In a case stemming from alleged losses from GWG L Bonds, two out of six claimants had their claims dismissed with prejudice as a sanction for discovery violations.
Case Law Alerts, 3rd Quarter, July
Lack of Notification of Service of Process by Individual Served at Residence of Defendant Is Not Excusable Neglect
This case arises from a motor vehicle accident in which the defendant Hill was operating his motor vehicle with the plaintiff as a passenger when their vehicle collided with a tractor trailer.
Personal Observations of a Police Officer Deemed Lay Testimony
The defendant-appellant appealed his conviction for failure to yield the right of way after a trial de novo in the Law Division, arguing that the responding officer provided impermissible expert testimony, among other arguments, for the a
Motion for Summary Judgment Denied on Issue of Proximate Cause
In an action to recover damages for personal injuries, the plaintiff appealed an order of the Supreme Court, Kings County, which granted the defendants’ motion for summary judgment dismissing the complaint.
Existence of Duty in Negligence Matter Hinges on the Relationship Between the Parties.
Candice Matthews, as fiduciary of the Estate of Tanisha M. Matthews and Asiah T. Matthews, appealed the trial court’s decision granting summary judgment in favor of Concentra Health Services, Inc., a drug testing company.
Residual Functional Capacity to Perform Sedentary Work Leads to Denial of Social Security Benefits
The plaintiff was involved in a motor vehicle accident that caused her to be out of work for six months.
Methadone Clinic Owed No Duty to Jogger Killed by Negligently Treated Patient
The decedent plaintiff in this matter was struck and killed by a vehicle operated by Ramsay, a patient of the defendant, a methadone clinic.
Pennsylvania Supreme Court Rules that Procedural Posture of Case Is Irrelevant When Determining Whether a Court Decision Violated the Coordinate Jurisdiction Rule
The plaintiff filed a petition for declaratory judgment with the Commonwealth Court of Pennsylvania, seeking a declaration that its religious elders were entitled to protection under Section 6311.1(b) of the Child Protective Services Law.