Drivers Have Duty to Yield to Pedestrians in Cross Walks Despite Driver’s Green Light (NY)
In Perez v. Bobcar Media LLC and Benny M. Cohen, the Kings County Supreme Court of New York confirmed that a driver of a motor-vehicle has a statutory duty to use due care to avoid colliding with a pedestrian, including yielding to the right-of-way to pedestrians lawfully within a crosswalk despite a driver’s green light. Both parties following discovery moved for summary judgment: the...Read More
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Insurance Inspections May Be Seen and Heard in Florida
When Ryan and Andrea Gesten’s home suffered a plumbing leak, made a claim with their carrier American Strategic Insurance Company and hired a public adjuster. The public adjuster put ASI on notice he would video and audio record the inspection. ASI appeared as scheduled, objected to the audio recording and, after the insured insisted, the inspection was not completed. ASI brought a declaratory...Read More
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NY Court Takes a Closer Look at Cause in Labor Law Ladder Fall
On April 28, 2022 the Court of Appeals decided on two impactful Labor Law 2401(1) ladder fall cases. In Cutaia v. The Board of Managers of the 160/170 Varick Street Condominium, plaintiff was rerouting pipes near an electrical wiring by using an A-frame ladder. He leaned the ladder against the wall in the closed position due to the limitations of the space. While working on the ladder he was...Read More
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The Third Circuit’s Stance: Cell Phone Use While Driving & Punitive Damages (PA)
The U.S. District Court for the Eastern District of Pennsylvania recently refused to dismiss the punitive damages claims a plaintiff passenger asserted against a Greyhound bus driver and his employers. In Brown v. White, the plaintiff, Jasmine Brown was taking an overnight Greyhound bus from New York City to Pittsburgh in the early morning hours of August 1, 2020 when the defendant bus driver,...Read More
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NJ Appellate Division Continues National Trend Rejecting 6 Plaintiffs’ Claims for Business Income Loss as a Result of COVID Mandates
The national trend rejecting pandemic business income loss claims continues. In a consolidated appeal, on June 20, 2022, the New Jersey Appellate Division decided against six companies that sought insurance coverage for business income losses sustained after New Jersey Governor Murphy’s Executive Orders required them to limit or close their businesses in the early days of the COVID pandemic....Read More
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FDCPA Doesn’t Apply to Subrogation Claim
In Felicia Chavanne v. Second Look, Inc., Barry Lefever, and Erie Insurance., Plaintiff Felicia Chavanne brought a lawsuit against two insurance companies for alleged violations of several conumser protection statutes, including the Fair Debt Collection Practices Act, the Fair Credit Extension Uniformity Act, and the Pennsylvania Unfair Trade Practices and Consumer Protection Law. Chavanne’s...Read More
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Ambiguity & Discrimination: Gay Couple Begins Process of Suing NYC for IVF Coverage
A former Manhattan Assistant District Attorney, Corey Briskin and his husband, Nicholas Maggipinto, have filed a complaint with the EEOC claiming the City of New York wrongfully denied them coverage for in vitro fertilization (IVF). Briskin and Maggipinto are a married couple seeking to start a family. Briskin and Maggipinto were relying on benefits afforded them by health benefits issued to...Read More
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Remove Now Or Forever Hold Your Peace
In Florida, plaintiffs often ask the state court to grant leave to amend to assert an insurance bad faith claim upon successful conclusion of their breach of policy claim against an insurer. More often than not, the case is more than one-year old when the amendment is made. Under federal diversity of jurisdiction rules, a citizen of one state, who is sued by a citizen of another state in state...Read More
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Always Read The Fine Print (PA)
In Apollo 1969 At Lloyds’s a/s/o Storage Development Inc. d/b/a Guardian Self-Storage v. Scalo Companies d/b/a Burns & Scalo Roofing, the United States District Court for the Western District of Pennsylvania ruled that a contractual arbitration clause was binding and enforceable where all parties involved had more than enough opportunities to review the contract and raise objections to its...Read More
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Mode Of Operation Delineated By NJ Supreme Court
In September of 2021, we reported on an Appellate Division’s decision in Jeter v. Sam’s Club where the Court found that New Jersey’s “mode of operation” rule did not apply to spilled grapes in a closed plastic container in a Sam’s club. Jeter v. Sam’s Club, 2021 WL 1961122 (App. Div. 2021). The plaintiff in Jeter appealed and were heard by the Supreme Court. The Supreme Court affirmed in a 4-2...Read More
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