Publications
U.S. District Court for the Eastern District of Pennsylvania Held that Suicide Is Not a Legitimate Basis for Recovery in Wrongful Death Cases and Cannot Establish Causation
The plaintiff-estate brought an action against the defendant-bank that raised negligence, vicarious liability, wrongful death and survival action claims.
U.S. Supreme Court Held that Choice-of-Law Clauses in Maritime Contracts Are Presumptively Enforceable Under Federal Maritime Law
On February 21, 2024, the Supreme Court of the United States, in a unanimous opinion delivered by Justice Kavanaugh, held that choice-of-law clauses in maritime contracts are presumptively enforceable under federal maritime law, subject to two nar
Federal District Court Finds Post-Incident Human Factors Review of Product Manual to Be Discoverable
In this product liability case, the plaintiff’s wife lost control of the ATV she was operating and died in a fatal accident.
Expert Testimony on Permanency of Respiratory Injury Requires Reference to Empirical Data
This matter involved a plaintiff’s claim that he developed reactive airway disease syndrome (RADS) from exposure to the fogging disinfectant HaloSpray.
Florida Senate Passes Bill Regulating Food Delivery Apps
The Florida Legislature unanimously passed a bill to regulate food delivery platforms such as Uber Eats and DoorDash.
Superior Court of Connecticut Dismissed Claim that an Accident Could Have Been Avoided if Trucking Company Had Installed a Collision Mitigation System Aboard Its Truck
This matter involved an accident where a box truck driver fell asleep and veered to one side of the road, flipping the vehicle in the process. An approaching freightliner was unable to avoid colliding with the vehicle.
Delaware Supreme Court Denies Transportation Company’s Insurer’s Appeal of Order When Its Insured Defaulted
This action involved a motor vehicle collision where the named defendants defaulted, and an order was entered against them for failure to provide discovery and participate in the litigation.
In Interpreting Dram Shop Rule, Violation of Law by an Establishment Gave Rise Only to Negligence Action
This case involved a motor vehicle accident involving an allegedly intoxicated and underage driver and a pedestrian. At the time, the 20-year-old intoxicated driver struck the 18-year-old intoxicated pedestrian, causing catastrophic injuries.
Federal District Court Denied Spoliation Motion Where Plaintiffs Attempted to Argue that a Bus Company Failed to Preserve Video
The plaintiffs’ sought to obtain a preclusion of expert evidence and adverse inference at trial for failure to maintain video after an infant plaintiff disembarked one school bus and was struck by another company’s school bus, causing serious inju
Southern District of New York Judge Rules that Plaintiff Failed to Meet the Serious Injury Threshold
This matter may be a perfect example of the strategic benefit of litigating in federal court as opposed to New York State courts whenever possible.