Publications

In an encouraging adherence to procedural rules, a New Jersey appellate court denied an application to file a late notice of claim when the plaintiff failed to show extraordinary circumstances. Case Law Alerts, 2nd Quarter, Apri

The appellate division addressed a common issue in transportation actions, a plaintiff alleges they were caused to fall or be injured as a result of actions taking by the driver of the vehicle they were riding in.  Case Law Alerts, 2nd Quarter, Apri

This matter establishes a strong assumption of risk defense based upon the actions of passengers within moving vehicles.  Case Law Alerts, 2nd Quarter, Apri

A federal court dismissed a negligence claim against the United States Postal Service (USPS) after the plaintiff failed to timely oppose the government’s motion and later submitted a late filing without permission. Case Law Alerts, 2nd Quarter, Apri

The Pennsylvania Superior Court reversed and remanded a trial court opinion, holding that the trial court committed an error by disqualifying an expert based solely on his board certification, where a gastroenterologist was offered to present stan Case Law Alerts, 2nd Quarter, Apri

In this appeal before the New Jersey Supreme Court, the court held that an out-of-state alleged tortfeasor was not a party subject to allocation of fault by a jury pursuant to Comparative Negligence Act in a wrongful-death action. Case Law Alerts, 2nd Quarter, Apri

In a discovery dispute over the applicability of peer review privilege, the Ohio Supreme Court ruled that the trial court should conduct an in camera review of the contested residency file. Case Law Alerts, 2nd Quarter, Apri

The Pennsylvania Superior Court ruled that the trial court abused its discretion by failing to grant the appellants the 30-day response period required under Pa. R.Civ.P. Case Law Alerts, 2nd Quarter, Apri

The Pennsylvania Superior Court upheld the dismissal of a medical negligence claim against a physician, finding that the plaintiff failed to present sufficient evidence to establish a prima facie case. Case Law Alerts, 2nd Quarter, Apri

For construction defect litigation, many times we are called into action to defend a subcontractor who has been included as a third party to the primary dispute between an owner and a general contractor. Case Law Alerts, 2nd Quarter, Apri