James W. Scott, Jr., Counsel in the Philadelphia office of Wade Clark Mulcahy LLP, was elected President of the Pennsylvania Defense Institute at its Annual Conference at the Omni Bedford Springs Resort in Bedford, PA.
PDI is the statewide organization of civil defense counsel and insurance professionals. Jim is a past President of the Philadelphia Association of Defense Counsel. As such, he...Read More
Today’s guest on the Call Your Next Witness podcast, Jessica Zimmerman, is a former prosecutor, civil defense attorney and third-party administrator. She now works directly for an insurance company. Her varying perspectives viewing the world of litigation, both as a litigator and risk manager, give Jessica unique insights toward how we evaluate and defend claims. Did Jessica...Read More
On the July 1, 2021 episode of Call Your Next Witness, Brian Gibbons interviews Atlanta-based mediator Winter Wheeler.
In addition to being a mother of 4, Winter is a former litigator who started her own mediation practice just before the onset of COVID. Circumstances being what they were, Winter quickly realized that becoming “fluent” in remote mediation was a necessity, so she...Read More
What must a jury determine to award pain and suffering damages when a nursing home does not provide the proper standard of care?
In a recent New York Appellate Division decision by the First Department, a new trial was ordered for a claim seeking pain and suffering damages in which the Northern Manhattan Nursing Home Inc was accused of failing to properly monitor a patient’s blood sugar levels...Read More
Generally, I’m amused by the term “human factors” in the context of expert testimony. Doesn’t everything involving people necessarily involve human factors? When I was a prosecutor, I was similarly amused by the “Anti-Crime” police unit. As opposed to the “pro crime” unit? Apologies for the Faulkner-esque stream of consciousness...Read More
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
Recently, courts have begun to uphold increasingly high damage awards for plaintiffs’ injuries indicating a change into the modern era where the cost of living and earnings have increased, reflecting the ability of defendants to pay more.
In the case of Perez v. Live Nation Worldwide, Inc., 2021 BL 134621, N.Y. App. Div. 1st Dep’t, No. 13579, April 13, 2021, a Manhattan judge reduced a...Read More
We launched the Call Your Next Witness podcast last week, with Part I of our Dennis Wade interview. Anyone who knows Dennis is well aware that he has too many stories for one interview. You can listen to Part 2 of our interview with Dennis on Spotify, Apple, or wherever you download podcasts. Here, we get into some trial tactics, how Dennis began his career in the world of insurance...Read More
We won’t be seeing a pre-COVID world any time soon. But a post-COVID world? That seems a bit more realistic, as vaccinations become more prevalent and we progress toward herd immunity.
What will the practice of law look like, once COVID19 subsides, regular travel comes back, and in-person interaction resumes? Which remote techniques we use will stay, and which will fade away? My article...Read More
In Yong Qiao Zhao v. ATC Construction Group Corp., the Second Department held that if a plaintiff construction worker travels to use a public dumpster unaffiliated with the property on which the construction work is happening, then strict liability pursuant to Labor Law 240(1) cannot attach to the unaffiliated property owner.
In this action, plaintiff had been hired by defendant A.T.C....Read More