Civil Procedure

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

Suffolk County (NY) Operating Protocols – Effective February 22, 2021

As COVID-19 numbers seem to be at least be trending in the right direction, NY courts are preparing to resume in-person proceedings.  (For the time being, remote appearances will remain the norm, but it makes sense to be prepared for in-person litigation.)   Suffolk County has issued new protocols, which you can review here.  Effective February 22, 2021, the new protocols include the...Read More

Pennsylvania Upholds Consent by Registration Personal Jurisdiction Statute

In Michael Data, et al. v. A.O. Smith Corporation, et al., the Western District of Pennsylvania recently upheld the constitutionality of the consent-by-registration statute of Pennsylvania, which requires any corporation or entity that registers to do business in Pennsylvania consent to personal jurisdiction in Pennsylvania such that the corporation can be “dragged” into Pennsylvania Courts....Read More

WCM Successfully Opposes Defendant’s Motions to Dismiss and Remand (PA)

In Harleysville Worcester Insurance Company v. Pediatric Associates of Westmoreland Ltd, WCM Partners Robert Cosgrove and Colleen Hayes successfully defeated defendant Pediatric Assoc. of Westmoreland, Ltd.’s (“PAW”) Motion to Dismiss or, in the Alternative, Remand to State Court.  By way of brief background, plaintiff Harleysville Worcester Ins. Co. filed a declaratory judgment action...Read More