Damages

Importance of “Backing Up” Claims in MVA Case (PA)

In Ruffin v. Desh United Corporation et al. plaintiff learned a lesson fit for an evidence course lecture after he appealed the trial court’s decision in his personal injury case. According to plaintiff, he was injured while crossing the street when defendant driver backed into Ruffin with his car. The other defendants in the matter are defendant’s employers. After defendants appealed an...Read More

CY Pres – Enforcing an Unsigned Settlement Release (PA)

The Western District of Pennsylvania recently determined that the absence of a signature did not void the underlying settlement agreement in a class action lawsuit.  In Abramson, et al. v. Agentra LLC, et al., the District Court granted the plaintiffs’ motion to enforce class action settlement after the parties reached an oral agreement and a Joint Status Report Regarding Class Action...Read More

In Trademark Dispute over Engagement Rings, the Second Circuit Court of Appeals asks the Southern District of New York to Reconsider (NY)

In Tiffany and Company v. Costco Wholesale Corporation, the United Second Circuit Court of Appeals found a triable issue of fact as to whether Costco’s otherwise unbranded engagement rings identified as “Tiffany” rings by signs placed  at the point-of-sale infringed upon Tiffany’s trademark.  As part of its lawsuit, Tiffany alleged, that these point-of-sale signs constituted trademark...Read More

General Contractor Overhead and Profit Deducted in Actual Cash Value Settlements (PA)

Earlier this week, on August 24, 2020, the Supreme Court of Pennsylvania issued its decision in the consolidated appeals of Kurach v. Truck Insurance Exchange and Wintersteen v. Truck Insurance Exchange.  By way of brief background, in both cases, after the plaintiffs experienced water damage to their homes, they filed claims with Truck Insurance Exchange (“Truck”).  Both plaintiffs opted for...Read More

Amazon Can Be Liable for Third-party Sellers’ Defective Products in California-Will Other States Follow? (NY)

Amazon has traditionally been exempt from various states’ product liability laws by successfully arguing that Amazon is not a “seller” when it comes to products sold by third-parties through Amazon’s website.  A California Appellate Court has overturned a lower court and ruled that Amazon.com played a pivotal role in every step of a plaintiff’s purchase of a...Read More

Pennsylvania Court Suggests the Trafficker in Lawsuits Is Subject to Contribution and Common Law Indemnity from Hotels (PA)

The Eastern District of Pennsylvania, interpreting Section 1595 (Federal Human Trafficking Statute), which is similar in statutory construction and scienter requirements to the Pennsylvania Human Trafficking Act, suggested this week that the direct person allegedly responsible for the trafficking, i.e., the pimp, would likely be subject to contribution or common law indemnity claims from...Read More

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

What Does the Lease Say? (NY)

In Mallet v. City of New York, the Appellate Division, Second Department addressed whether the defendants – City of New York, New York City Economic Development Corporation, and Apple Industrial Development Corp., had a duty to repair unsafe conditions located inside a building leased to plaintiff’s employer. The Supreme Court denied the defendants’ motion for summary judgment; however, the...Read More

A Missed Opportunity by Defense Counsel in PA

In Shiflet v. Lehigh Valley Health Network, Inc., the Pennsylvania Supreme Court affirmed the trial court’s $2,391,620 verdict in favor of the plaintiff under the “general-verdict rule,” which states that “when a jury returns a general verdict involving two or more issues, and the verdict is supported as to at least one issue, the verdict will not be reversed on appeal.” The plaintiff in...Read More

PA Jury Has Discretion to Award Only Economic Damages

In Pierchalski & Abraham v. Thomas, Gemma Pierchalski and Joseph B. Abraham (“Plaintiffs/Appellants”) appealed an order dated April 4, 2019 entering judgment in their favor, following a jury trial in Pennsylvania.  The underlying lawsuit involved a rear-end collision that occurred in June, 2012. Appellants sought economic and non-economic damages due to injuries suffered by Pierchalski in...Read More