Amazon Tries to Dodge Federal Suit (NY)
A complaint filed in the U.S. District Court for the Eastern District of New York on behalf of six plaintiffs alleges that Amazon failed to keep its JFK8 warehouse in Staten Island safe during the COVID-19 pandemic. The group of plaintiffs specifically allege that Amazon failed to comply with New York law and state and federal public health guidance during COVID-19 pandemic. The complaint...Read More 0
by Heather AquinoJuly 23, 2020 Expert Witnesses, Civil Procedure, Litigation, Negligence, New York, Premises Liability0 comments
Painful Verdict for Pain and Suffering (NY)
The Bronx has a reputation for plaintiff-friendly verdicts, and the case of Cabrera v Port Auth. of N.Y. N.J. (2020 NY Slip Op 03993) did not disappoint. Plaintiff, an employee at a Dunkin Donuts franchise at LaGuardia Airport, was involved in an accident with a salt spreading truck in the parking lot during a snowfall. After a jury trial, she was awarded future damages for only a period of...Read More 0
The Show Must Go On: New Jersey State Bar Association Releases Report to Help NJ State Courts Resume Jury Trials Amidst Pandemic
As we head into the fifth month since the COVID-19 pandemic halted court operations, the New Jersey State Bar Association released a report and recommendations for the resumption of jury trials in the New Jersey courts. The report released in early July was created to help New Jersey courts restart jury trials in a way that will keep all participants healthy and safe, while accommodating and...Read More 0
PA Court Finds UIM Benefits Not Required Under PA Umbrella Policies
In Jones v Amica Mutual Insurance, the Court recently considered whether an insurer was required to pay UIM benefits under a Personal Umbrella Policy. In the underlying action, Jones filed suit for injuries she sustained in a motor vehicle accident. The adverse driver, Sean Murtha, was responsible for accident. Plaintiff received the $100,000 policy limit from Murtha’s insurer Allstate....Read More 0
by Heather AquinoJuly 23, 2020 Litigation, Negligence, Pennsylvania, Professional Liability0 comments
Pennsylvania Superior Court Holds that Plaintiffs Have Wide Latitude in Choosing Legal Theories
On July 20, 2020, the Pennsylvania Superior Court granted a new trial after finding that a plaintiff was improperly precluded from pursuing all possible legal theories available to her. Adrienne Lageman filed a complaint for medical negligence after she suffered a stroke while undergoing a medical procedure at York Hospital. She alleged that the defendant anesthesiologist John Zepp improperly...Read More 0
New Jersey Courts Enter Phase 2 (NJ)
On Monday, June 22nd, the New Jersey Courts transitioned to Phase 2 of their re-opening plan. During Phase 2, a small number of judges and staff have returned to court for certain matters that cannot be handled remotely. However, most civil proceedings will continue to be handled remotely at this time, including case management conferences, arbitrations, court-ordered mediation, and motion...Read More 0
To Cover Or Not To Cover – That Is The Question (NY)
Many insurers are now receiving claims for damaged or lost property due to the protests in major cities across the United States, and are probably wondering whether their policy covers such loss or damage during this period of unrest. In short, it’s tricky. Of course, the answer depends on the language of the specific policy and the circumstances concerning the claimed loss or damage. But...Read More 0
by Heather AquinoJune 26, 2020 COVID-19, Damages, Litigation, Negligence, Of Interest, Premises Liability0 comments
Covid Cases Looming? Maybe Not. Some States Are Giving Companies The Antibodies To Fight Covid-19 Lawsuits
On Friday, June 19, 2020, Senate Majority Leader Mitch McConnell, stated a potential second COVID-19 “rescue” package could be in the works. McConnell said he wants to prioritize investing in” future generations” in this legislative package. If passed, this would be the second piece of legislation by Congress to aid families and businesses impacted by the COVID-19 coronavirus pandemic. On...Read More 0
by Heather AquinoJune 26, 2020 COVID-19, Coverage, Insurance, Of Interest, Pennsylvania, Sports Injuries0 comments
Are “Business Interruption” Claims Now “Sports Interruption” Claims? (PA)
On Tuesday June 23, 2020, fifteen minor league baseball teams filed a complaint against their insurers in the federal district court for the Eastern District of Pennsylvania. The teams, which include, among others, the Chattanooga Lookouts in Tennessee and the Fort Wayne TinCaps in Indiana, claim that they are owed coverage under their respective business interruption policies. The teams...Read More 0
by Heather AquinoJune 26, 2020 Indemnification, Bad Faith, Coverage, New York, Of Interest0 comments
New York Contractor Battles For Coverage (NY)
Queens Pioneer Construction Corp. (“Queens Pioneer”) commenced a breach of insurance contract action in the United States District Court for the Eastern District of New York seeking damages and a declaratory judgment associated with insurer Illinois Union’s coverage disclaimer and withdrawal from the defense of a civil suit. The underlying lawsuit was initiated by Juan Algeria Reyes, an...Read More 0