Publications
New Jersey Court Dismisses Baseball Team’s Fiduciary Duty Claim Against Board Member, Citing Lack of Individual Liability Under Florida Law
The New Jersey District Court dismissed the plaintiff’s breach of fiduciary duty claim, applying Florida law to determine that no cause of action existed against an individual board member of a not-for-profit entity.
Case Law Alerts, 2nd Quarter, Apri
Court Reviews Fire Department Officials’ Liability in Sexual Assault Case Involving Minor Volunteer
The Delaware Superior Court court is evaluating whether fire department officials can be held liable for their alleged inaction in a case involving the sexual assault of a minor volunteer firefighter.
Case Law Alerts, 2nd Quarter, Apri
No New Trial Warranted When Jury Is Property Instructed
A New Jersey court has denied a defendant’s request for a new trial after a jury found him negligent in a rear-end collision.
Case Law Alerts, 2nd Quarter, Apri
Summary Judgment Granted for Innocent Passenger in Motor Vehicle Accident
In a case involving an unusual seating arrangement and a collision with a city street sweeper, the court ruled on the plaintiff’s motion for partial summary judgment.
Case Law Alerts, 2nd Quarter, Apri
Bad Faith Claim Denied Due to Conclusory Language, Boilerplate Allegations in Complaint
In a dispute over underinsured motorist (UIM) coverage, the court granted the defendant’s motion to dismiss the plaintiffs’ bad faith claim.
Case Law Alerts, 2nd Quarter, Apri
Court Grants Motion to Vacate Note of Issue, Citing ‘Disturbing’ Fraud Allegations
In a significant ruling addressing concerns over fraudulent claims, the court granted the defendants’ motion to vacate the Note of Issue, remove the case from the trial calendar, and compel extensive discovery.
Case Law Alerts, 2nd Quarter, Apri
Comparative Negligence Charge Must Be Given for Speeding Plaintiff
The Pennsylvania Superior Court recently ruled that a plaintiff’s speeding alone warranted a comparative negligence instruction, even without clear causation or expert testimony.
Case Law Alerts, 2nd Quarter, Apri
First Department Clarifies ‘Readily Available’ Safety Devices Under Labor Law § 240(1)
In January 2025, the Appellate Division, First Department, provided further clarity on Labor Law § 240(1) cases, particularly regarding the availability of safety devices on construction sites.
Case Law Alerts, 2nd Quarter, Apri
Expert Testimony Requirement in Negligence Claims: Pennsylvania Court Affirms Summary Judgment
The Superior Court of Pennsylvania reaffirmed the necessity of expert testimony in negligence cases involving complex medical causation.
Case Law Alerts, 2nd Quarter, Apri
Landowner Liability for Falling Trees: Pennsylvania Court Affirms Duty to Safeguard Public Highways
Landowners in urban areas have a legal responsibility to prevent foreseeable dangers posed by trees on their property.
Case Law Alerts, 2nd Quarter, Apri