News & Of Interest

The Broad Scope of “The Integral to the Work” Defense is Confirmed in Labor Law Claims

In Ruisech v. Structure Tone Inc., plaintiff was working at a construction site attempting to install a heavy glass divider when he stepped forward to place the glass into the track and stepped on “minute” pebble near the track. His foot slipped forward but he did not fall, yet plaintiff claimed he sustained injuries. Plaintiff admitted that his co-workers created the debris that was the...Read More

The Court May View, But Not Weigh, the Evidence on Summary Judgment

In Garcia v. Security First Ins. Co., 5D21-1456, 2022 Fla. App. LEXIS 6197, 2022 WL 4111171 (Fla. 5th DCA September 9, 2022) the insured homeowner made a claim for water damage after a roof leak claim. At deposition, the insured admitted to a prior roof leak and later produced pictures and a damage report. The insurer moved for summary judgment arguing that the insured’s concealment of the...Read More

Summary Judgment Without Deposition discovery Permitted In NY Labor Law Case

Courts often deny early summary judgment motions on the basis that they are premature pending completion of discovery on the issues in dispute. In Lapota v. PPC Commercial, LLC, the Appellate Division, First Department took a different approach in examining a trial court’s decision to deny plaintiff’s early motion for summary judgment as to his Labor Law §240 (1) claim against the defendant....Read More

New York Court Permits Disclosure Of Social Media Activity In Personal Injury Lawsuit

Millions of Americans document their lives and activities on social media sites such as Facebook, Instagram and TikTok. When a person becomes injured in an accident and files a personal injury lawsuit, should defendants be permitted access to plaintiff’s social media? In Gentile v. Ogden, the New York Appellate Division, Second Department, recently addressed this question in a case involving...Read More

Surveillance Footage Key To Establishing Open And Obvious Defense (NY)

New York courts generally hold that a landowner has no duty to warn of open and obvious dangers. In Lebron v. City of New York, the Appellate Division, Second Department recently addressed whether an inspection pit that plaintiff fell into on the defendants’ property was an open and obvious, and not inherently, dangerous. The defendants introduced surveillance of the accident as evidence of...Read More

Ninth Circuit Upholds An Alternative Standard For Accrual Of Copyright Infringement Claims

Section 507(b) of the U.S. Copyright Act provides that a copyright infringement claim isn’t timely filed unless it is commenced within three years after the claim accrued. In the recent decision Starz Entertainment LLC v. MGM Domestic Television Distribution LLC, the U.S. Court of Appeals for the Ninth Circuit addressed when a claim generally “accrues,” and defined an alternative “accrual”...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

Covid-19 No Longer an Excuse, New Jersey Court Rules

In Hartford Underwriters Insurance Company v. Arch-Concept Construction, Inc., et al., plaintiff Hartford Underwriters Insurance Company (“Hartford”) provided workers compensation insurance to Arch-Concept Construction, Inc. (“Arch-Concept”). Hartford sued Arch-Concept over unpaid premiums. The parties settled under the terms that Arch-Concept was required to pay $275,000 over twelve quarterly...Read More