Civil Procedure

New York Court Approves Service Of TRO Via Non-Fungible Token

With approval from the New York Supreme Court, Miami attorneys with Holland & Knight’s asset recovery team recently served a defendant with a temporary restraining order in the form of a non-fungible token (“NFT”). The underlying lawsuit is based on the unauthorized access to, and theft of, approximately $8 million worth of virtual assets on the Ethereum blockchain. The idea to serve the...Read More

Forum Shopping Denied: Superior Court Rejects The Availability Of Virtual Technology As A Basis For Denying A Dismissal Based On Forum Non Conveniens

In Green v. CSX Transportation Inc., the Superior Court of Pennsylvania rejected a trial court’s conclusion that the availability of virtual technology ameliorated the difficulties of litigating in an inconvenient forum, and reversed the trial court’s denial of CSXT’s motion to dismiss based on forum non conveniens.  Clyde Green filed a Federal Employers’ Liability Act (“FELA”) claim against...Read More

Pennsylvania Federal Court Rejects An Insured’s Tactical Delay In Moving To Amend A Declaratory Judgment Complaint

In Giant Eagle, Inc. v. Am. Guarantee & Liab. Ins. Co., the Western District of Pennsylvania addressed whether the plaintiffs in an insurance declaratory judgment action would be permitted to seek leave to amend their complaint where they intentionally delayed seeking such relief for tactical reasons. Plaintiffs Giant Eagle, Inc. (“Giant Eagle”), a supermarket chain, and HBC Service...Read More

Follow The Rules! Plaintiff’s Claims Dismissed For Failure To Comply With Court Orders (PA)

In Vilgosas, et al. v. Janssen Research & Development LLC, et al., the Pennsylvania Superior Court affirmed the trial court’s dismissal of the plaintiff’s claims after he failed to comply with the court discovery order. The court reasoned that the plaintiff’s failure to comply with the discovery order impeded the defendants’ ability to defend the case. From 2013 to 2014, plaintiff Alfred...Read More

Google Maps Admitted Into Evidence To Challenge Service Of Process (NY)

Google Maps is often used to get an idea of what a particular piece of property looks like or, for more utility, to gauge the distance between two locations. With respect to the latter, the Civil Court of the City of New York, Bronx County recently took judicial notice, over objection, of information contained in two Google Maps printouts submitted as evidence in a traverse hearing. In 2437...Read More

Prize Fighter Yoel Romero is Vindicated by the New Jersey Courts (NJ)

The matter of Yoel Romero v. Gold Star Distribution, LLC arose out of the sale of a dietary supplement manufactured and distributed by Gold Star. Romero is an MMA fighter who competed in the UFC, the highest level of competition in the MMA. He is also a former world champion freestyle wrestler who won a silver medal at the 2000 Olympic Games. Gold Star is a dietary supplement company whose...Read More

PA Appellate Court Clarifies Collateral Review Concerning In Camera Review of Disputed Discovery (PA)

On June 25, 2021, in Fisher v. Erie Ins. Exchange, the Superior Court clarified when a party had an immediately appealable right, pursuant to Pa.R.A.P. 313, concerning the forced production of discovery materials for which a party asserts a privilege that the court denies. Typically, for an order to be considered a collateral order and therefore immediately appealable under Pa.R.A.P. 313, it...Read More

2nd Circuit Clarifies Article III Standing Based on “Increased Risk” of Identity Theft (NY)

Earlier this week, the Second Circuit issued a significant ruling with respect to the unauthorized disclosure of sensitive personal identifiable information (“PII”). Federal circuits have been split with respect to whether an increased risk of identity theft following a data breach, without proof of actual harm,  is sufficient to confer Article III standing.  The decision in McMorris v. Lopez...Read More

Motion to Change Venue Denied Despite Being Unopposed (NY)

In Francoise Mervil v. Eric Johnson and Marcia St. Urbain, Judge Francois A. Rivera denied Defendants’ unopposed motion to transfer venue because the only evidence in support of the Defendants’ motion constructed of inadmissible hearsay. Plaintiff, Francoise Mervil (“Mervil”) commenced a personal injury action against the Defendants in Kings County Supreme Court, alleging Urbain was negligent...Read More

Lights Out On Lamp, Court Sheds Light On Service Of Process (PA)

In recent case, Gussom v. Teagle, the Pennsylvania Supreme Court revisited the issue whether a lawsuit should be dismissed due to Plaintiff’s lack of effort to complete service – regardless of Plaintiff’s intent. On July 25, 2016, Rasheena Gussom and Maurice Teagle were involved in a car accident. Two months before the statute of limitations expired, Gussom filed a civil complaint against...Read More