Prize Fighter Yoel Romero is Vindicated by the New Jersey Courts (NJ)
The matter of Yoel Romero v. Gold Star Distribution, LLC arose out of the sale of a dietary supplement manufactured and distributed by Gold Star. Romero is an MMA fighter who competed in the UFC, the highest level of competition in the MMA. He is also a former world champion freestyle wrestler who won a silver medal at the 2000 Olympic Games. Gold Star is a dietary supplement company whose...Read More
0
PA Appellate Court Clarifies Collateral Review Concerning In Camera Review of Disputed Discovery (PA)
On June 25, 2021, in Fisher v. Erie Ins. Exchange, the Superior Court clarified when a party had an immediately appealable right, pursuant to Pa.R.A.P. 313, concerning the forced production of discovery materials for which a party asserts a privilege that the court denies. Typically, for an order to be considered a collateral order and therefore immediately appealable under Pa.R.A.P. 313, it...Read More
0
A New Side to COVID-19 Litigation (NJ)
Last week, in Open MRI v. Cigna Health and Life Insurance, a New Jersey judge dismissed a suit alleging Cigna was unjustly enriched as a result of its refusal to pay for a health care provider’s costs of administering COVID-19 tests. Open MRI is a medical practice with locations throughout New Jersey. During the pandemic, Open MRI administered COVID-19 tests, diagnosed COVID-19 when necessary,...Read More
0
Gravity Induced Accidents Only: Clarity on Labor Law §240(1) (NY)
Robert Shencavitz v. Yuji Sugimoto is an interesting personal injury action. Plaintiff – a sailboat rigging technician – sought recovery under New York Labor Law §240(1) (i.e., the Scaffold Law) for damages sustained when his head was struck on a sailboat’s radar equipment while ascending via pulley along the vessel’s mast. The issue on Defendant’s summary judgment motion was whether...Read More
0
Eighth Circuit Rules in Favor of Insurers In Connection With Covid Related Losses
On July 2, the Eighth Circuit became the first federal appellate court to weigh in on whether a business could recover business interruption losses for COVID-19 related claims. In Oral Surgeons, P.C. v. The Cincinnati Insurance Co., the court affirmed a federal district court decision from the Southern District of Iowa, which rejected a policyholder’s COVID-related business interruption claim....Read More
0
New York (Insurance Coverage) State of Mind (NY)
In City of New York v. Fleet General Insurance Group Inc., the Eastern District of New York addressed the causal link required to trigger an insurer’s duty to defend an additional insured. This case arises out of a state-court lawsuit, filed against the City of New York, for millions of dollars in property damage, that allegedly occurred when a section of Northern Boulevard in Queens collapsed...Read More
0
Not So Slippery Slope: NJ Supreme Court Rules On Slip And Fall Snow / Ice Cases (NJ)
We previously reported a decision by the New Jersey Appellate Division in Pareja v. Princeton International Properties, which held that commercial landowners have a duty to prevent or remediate snow and ice conditions on their sidewalks even when precipitation is falling. The New Jersey Supreme Court, in a landmark decision, has reversed the Appellate Division and has held that the commercial...Read More
0
Does COVID-19 Mean Quarantine? (PA)
In a recent order from the Eastern District of Pennsylvania, the court addressed the first of what is sure to be many cases stemming from cancellations of vacations and other travel due to COVID-19. This case was a putative class action filed on behalf of individuals who cancelled travel due to the coronavirus pandemic and whose claims for travel insurance claims were later denied by the...Read More
0
A Synysta Labor Law Case (NY)
Volodmyr Synysta v. 450 Partners LLC, NY Slip Op. 50508(U), 2021 WL 2213821 (Kings County, May 20, 2021) is a Labor Law action. Plaintiff brought Labor Law §§240(1), 241(6), 200, and common law negligence claims against various parties for injuries sustained after falling from a scaffold at a construction site. In the instant motion, Plaintiff sought summary judgment on his §§ 240(1), 241(6)...Read More
0
Pennsylvania Federal Court Pulls The Emergency Brake On Car Dealers’ COVID-19 Lawsuits (PA)
In Star Buick, et al. v. Sentry Ins. Group, the Eastern District of Pennsylvania on May 26, 2021 dismissed plaintiffs’ Star Buick GMC, Star Buick GMC Cadillac, and Star Pre-Owned Bethlehem (collectively “Star Buick”) complaint seeking loss of business income pursuant to an all-risks business protection insurance policy. Star Buick filed an amended complaint seeking the loss of business...Read More
0