Author: Suzan Cherichetti

Jury Trial Suspension Due to COVID-19

Courts in the tri-state area have recently announced the suspension of jury trials due to the increase of COVID-19 cases. Philadelphia County and other Pennsylvania counties began resuming jury trials in September. On November 17, 2020, the Court of Common Pleas of Philadelphia County suspended jury trials until January 2021. https://www.courts.phila.gov/juryservice/;...Read More

NRA Forced To Retreat (NY)

The National Rifle Association will pay a $2.5 million penalty and will be banned from selling insurance products in New York after state regulators found the organization violated the New York State Insurance Law for nearly two decades. The settlement with the New York State Department of Financial Services ended the state’s three-year investigation into the not-for-profit organization’s...Read More

In Pennsylvania, Homeowners Need Not Show Diminution In Value When Calculating Damages for Defective Construction Claims

In Woullard v. Sanner Concrete and Supply, the Pennsylvania Superior Court recently affirmed the lower court’s damages ruling, stating that the plaintiff homeowners were not required to present evidence of diminution in value of their home, attributable to the defective work, as part of calculating damages. Plaintiff homeowners hired several contractors to perform work on the home’s stonework,...Read More

Bar To Coverage! Assault & Battery Exclusion Upheld On Appeal NY)

Can a premises liability cause of action in a complaint based upon a shove down the stairs overcome an assault and battery insurance exclusion? In NHJB Inc v. Utica First Insurance Company, New York’s Appellate Division, Fourth Department heard argument over whether insurance coverage was properly denied when the policy involved an assault and battery exclusion but Plaintiff’s claim also...Read More

Plaintiff’s Complaint Partially Dismissed Due To Off-Target Claims (PA)

In a recent negligence case, Beatrice Hena v. Target Corporation, heard in the Eastern District of Pennsylvania, Plaintiff alleged she slipped and fell on a slippery and dangerous wet floor while shopping at a Target store in Philadelphia, that Target knew or should have known about the allegedly dangerous condition and did not exercise reasonable care in remedying the condition or warning her...Read More

Facebook Discovery Leads to Adverse Inference (NY)

In Safer v. Hudson Hotel, the Civil Court of the City of New York addressed whether an adverse inference charge was proper as part of the trial court’s jury charge. The plaintiff alleged that she stepped on a broken glass in the defendant’s hotel bar which caused serious personal injuries to her mind and body. As such, the defendants served plaintiff with a discovery demand for “color...Read More

Don’t Demonize The Landlord (NY)

COVID-19 has frustrated the restaurant industry causing many to close its doors and close prominent businesses and neighborhood staples. But who is to blame? There are a growing number of cases arguing whether parties can avoid their contractual obligation due to the pandemic. A recent Decision in Supreme Court, Kings County Commercial Division, made some ground in this argument when it...Read More

New Jersey Court Analyzes Coverage Dispute Regarding Underinsured Motorist Insurance (NJ)

On October 20, 2020, the Superior Court of New Jersey, Appellate Division affirmed the trial court’s granting of summary judgment in favor of Penn National Insurance in Singh v. Chestnut. The court reaffirmed the trial court’s decision that the plain language of Penn National’s Insurance Contract did not offer coverage to Singh. On October 26, 2016, Satnam Singh was injured while working as an...Read More

Sheaf Happens: Spectator Loses Due To Assumption Of Risk At Sheaf Tossing Competition (NY)

The sheaf toss is a traditional Scottish agricultural sport event originally contested at country fairs. A pitchfork is used to hurl a burlap bag stuffed with straw over a horizontal bar above the competitor’s head. Three chances are given to each competitor to cleanly go over the bar, without touching it. After all challengers have made their attempts, the bar is raised and all...Read More

Lehigh County Judge Slams Insurer for Failure to Pay in Insurance Dispute (PA)

The Pennsylvania Court of Common Pleas in Lehigh County ordered an insurer to pay $900,000.00 in punitive damages for denying its insured’s claim in bad faith.  In David Unterberg and Heidi Unterberg v. Mercury Insurance Company of Florida, the plaintiffs filed a lawsuit alleging breach of contract and bad faith against their insurance company after their vehicle was stolen and damaged. The...Read More