Litigation

Call Your Next Witness – Aisling Jumper of Trans Re

Aisling Jumper had a “typical” introduction into the insurance world — by working at a call center in County Galway, Ireland, speaking Spanish to international travelers on holiday.   You know — “typical.” Aisling ended up going to law school, and has been involved in the insurance world ever since, whether at a law firm, with a third-party administrator,...Read More

New Jersey Appellate Division Permits a Driver and Employer’s Determination of Improper Actions as Admissible Evidence

In Hassan v. Williams, the Appellate Division of the Superior Court of New Jersey found that a trial court improperly excluded multiple documents, including the determination letter written by an employer that its driver acted improperly, as well as the letter written by that driver about his own conduct. At the trial level, these documents were excluded as the Court held they went to the...Read More

Pennsylvania Court Further Dilutes the Legal Landscape on Business Insurance Coverage During Covid-19

In MacMiles LLC v. Erie Insurance Exchange, the Allegheny Court of Common Pleas granted partial summary judgment in favor of plaintiff, a Pittsburgh tavern, holding it suffered “physical loss” because of the COVID-19 pandemic, and therefore entitled to reimbursement by its insurer. Erie issued MacMiles (d/b/a Grant Street Tavern) an insurance policy providing coverage for any direct “physical...Read More

Bad Weather Is Insufficient To Establish Actual Or Constructive Notice (NY)

On January 3, 2019, Plaintiff slipped and fell while shopping at Defendant Von Muar’s retail store located in Eastview, New York.   Approximately four months later, Plaintiff filed suit alleging that she was injured due to Defendant’s negligence in causing, creating, or permitting a dangerous condition within its premises.   After discovery was completed, Defendant filed a motion for summary...Read More

No Notice Means No Recovery in NY

In Barreto v. 750 Third Owner, LLC, 2021 NY Slip Op 02868 (1st Dept. 2021), the plaintiff slipped and fell in a commercial building’s lobby due to rainwater. Defendants argued that they had no constructive or actual notice of the defect on the floor because a record search did not show any complaints about water on the lobby floor prior to the accident. The defense further argued that a...Read More

For Whom Do I Sign? New Jersey Appellate Division Finds Chaperone Lacked Authority to Sign Liability Waiver

In Gayles v. Sky Zone Trampoline Park, et al., the Superior Court of New Jersey Appellate Division examined whether a parent had apparent authority to sign a liability waiver on behalf of the parents of other children who attended her son’s birthday party at a trampoline park. Under the facts of the case, the parent chaperone, Joan Tongol, invited the plaintiff’s son, as well as eight other...Read More

This and That–and a Significant WCM Appellate Victory for Jeweler’s Block and Fine Art Insurers Everywhere

As background to this important win in Crown Jewels Estate Jewelry, Inc. d/b/a Stephen Russell v. The Underwriters at Interest at Lloyd’s London  (a claim in which Crown sought indemnity for over $2 Million in stolen jewelry), I remind our readers of the wise admonition of the late Supreme Court Justice Scalia:  Never present to an Appellate Court the question to be decided as an actual...Read More

Whistleblowers While You Work – Pennsylvania District Court Analyzes Whistleblower Claim and Grants Summary Judgment for Employer

Recently, the United States District Court for the Eastern District of Pennsylvania partially granted a Defendant’s motion for summary judgment on the basis that the Plaintiff lacked any reasonable belief that the company violated any law of the Sarbanes-Oxley Whistleblower (“SOX”) Act. In Ngai v. Urban Outfitters Inc., plaintiff, who was Director of Sourcing and Technical Design for Urban...Read More

Don’t Forget to Turn On the Lights . . . PA Supreme Court Highlights New Exception to Sovereign Immunity

In an April 28, 2021 opinion, the Pennsylvania Supreme Court held that the Commonwealth of Pennsylvania cannot claim sovereign immunity where a dangerous condition, caused by poor lighting, exists on its property. The Pennsylvania Supreme Court’s decision in Wise v. Huntingdon County Housing Development Corporation, et al. overturned a Commonwealth Court’s contrary decision. Plaintiff, Shannon...Read More

Retired NY State Judges Will Be Able To Recertify After Being Forced To Step Off The Bench Due To COVID-19

New York State Supreme Court justices who reach the mandatory retirement age of 70 will again be able to re-apply for their job and continue the bench. The New York State Constitution says judges must retire at the end of the year they reach age 70. The constitution allows for judges to recertify for a maximum of three two-year terms after proving that they’re still mentally and physically fit...Read More