Civil Procedure

A Tale Of Two Transit Authorities: Relation Back Doctrine Found Not to Apply Where Defendants Were Not United In Interest

In New York, a claim asserted against a new defendant will “relate back” to the date of the original claim if plaintiff establishes that (1) both claims arose out of the same conduct, transaction, or occurrence; (2) the new defendant is united in interest with the original defendant, and by reason of that relationship can be charged with notice of the institution of the action such that the...Read More

Reasonable Excuse And Meritorious Defense Lead To Vacation Of Default Judgment (NY)

When a plaintiff obtains a default judgment against a defendant in New York, the fight does not end there. While the discretion ultimately remains with the court, a default judgment may be vacated when the defendant can establish a reasonable excuse along with a meritorious defense, pursuant to CPLR §5015(a)(1). In Damsky v. Williams, the Appellate Division, Second Department, recently...Read More

New York Appellate Court Emphasizes The Importance Of Timely Settlement Payments

In New York, when an action to recover damages is settled, the settling defendant has twenty-one (21) days after tender of the required documents to pay all sums to the settling plaintiff. CPLR 5003-a. If the settling defendant fails to do so, then the plaintiff is authorized to enter a judgement “for the amount set forth in the release, together with costs and lawful disbursements, and...Read More

Minority Tolling Under N.J.S.A. 2A:14-2(a) Does Not Apply To New Jersey Wrongful Death Claims

In Monk v. Kennedy University Hospital, Inc., the New Jersey Appellate Division recently addressed whether the minority tolling provision in N.J.S.A. 2A:14-2(a), which allows minors to file medical malpractice claims until the age of 13, applies to wrongful death lawsuits filed on behalf of minor decedents or their estates. In that case, the parents of a deceased minor who died six months...Read More

Federal Court Cracks Down On Discovery Orders (PA)

In a recent ruling from the Eastern District of PA, In re Zostavax, the Court granted the defendant’s motion to dismiss the plaintiff’s complaint for failure to comply with discovery deadlines. The complaint was part of a multidistrict litigation (“MDL”), related to a products liability claim to vaccine from defendant Merck. MDL litigation requires basic initial information necessary to move...Read More

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