Demutualization In Compliance With NY Insurance Law §7307(e)(3): Is Employer Or Employee Entitled To Proceeds From Demutualization
Where an employer pays premiums to a mutual insurance company to obtain a policy for its employee, and the mutual insurance company subsequently demutualizes, who is entitled to the New York Insurance Law §7307(e)(3) proceeds from demutualization: the employer or employee? According to the New York Court of Appeals, the employee, as the policyholder, is often going to be entitled to the...Read More
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No Lane For Recovery When Central Park Cyclist Gets Hit By A Truck (NY)
The First Department Appellate Division granted a defendant summary judgment dismissal in a motor vehicle accident claim involving a truck driver and a pedestrian bicyclist. In Peter Deutch v. City of New York, 2022 NY Slip Op 03174 (1st Dept. 2022), plaintiff was bicycling in Center Park East when he collided with a flatbed truck owned by defendants Hellman Electric Corp. The accident...Read More
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Data Extraction From LinkedIn, Which Includes Profile Information Permitted
Data analytics companies have the ability to extract data from social media platforms despite the claims from the social media companies that the data collected violated federal hacking laws. In a recent decision of HiQ Labs, Inc. v. LinkedIn Corporation, the U.S. Court of Appeals for the Ninth Circuit reaffirmed that data analytics company HiQ Labs Inc. has the ability to scrape publicly...Read More
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No Owing If It’s Still Snowing (PA)
The trial court in Monroe County granted summary judgment in a premises liability case where the Plaintiff slipped and fell during an ongoing storm of freezing rain and snow, thereby reaffirming that a property owner has no obligation to correct snow and ice conditions until a reasonable time after the storm has ended. In Mertira v. Camelback, Elsa Mertira was injured when she slipped and fell...Read More
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Video Surveillance Leaves Questions For The Jury (NY)
Even though video surveillance showed the plaintiff switching lanes in front of defendant’s bus at the same time as defendant, the Appellate Division still found there to be several issues of fact in a recent New York case. In Fergile v. Payne, plaintiff was riding a motor scooter in the right lane of traffic. Defendant bus driver was also traveling in the right lane, behind plaintiff. As the...Read More
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Pro Se Litigants Must Play By The Rules (PA)
Although pro se litigants in Pennsylvania are regularly given a generous amount of slack as it concerns the formalities of litigation, they are still bound by the rules of the road. This sentiment is embodied in the recent ruling by the Court of Common Pleas of Monroe County, in the case American Express v. Robert Hirsh. American Express brought a breach of contract action against Robert Hirsh...Read More
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Injury During High School Soccer Tournament Covered Under Charitable Immunity Act
The Appellate Division recently analyzed whether a sporting event was “promoting” a charitable or educational objective of Kean University to afford immunity for Kean under the Charitable Immunity Act. Fisher v. Kean University, 2022 WL 906582 (App. Div. 2022). In this case, a plaintiff who was competing in a high school soccer tournament hosted by Kean was injured after tripping and falling...Read More
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Tenant Not Responsible For Sidewalk Maintenance In The Absence Of Lease Requirement Or Conduct Creating Liability
In Segovia v R.T.H. Assoc. LLC, the Supreme Court of New York, Bronx County, recently addressed the issue of whether a commercial tenant occupying a property adjacent to a public sidewalk had a duty to maintain and repair same. Plaintiff in that case alleged that she fell while walking on the sidewalk adjacent to the property near the property line with an adjacent building. The tenant moved...Read More
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