News & Of Interest

Not So Fast: More Is Required To Establish Liability For A Vehicle Owner Involved In The Business Of Renting Or Leasing The Vehicle

Generally, ownership of a motor vehicle in New York can create potential liability for accidents involving that vehicle. When a motor vehicle accident involves a leased or rented motor vehicle, an owner involved in the business of renting or leasing the vehicle cannot be held liable for personal injuries involving the use of the vehicle simply because one is the owner. The Second Department...Read More

UIM Coverage Limitation Held Consistent With The MVFRL And Pennsylvania Public Policy

In Meyers v. Travelers, the Eastern District of Pennsylvania recently held that non-stacked underinsured motorist (“UIM”) coverage limiting recovery to the highest applicable limit of any other second-priority policy was consistent with the stacking waiver statute under Pennsylvania’s Motor Vehicle Financial Responsibility Law (MVFRL), and with Pennsylvania public policy. The plaintiff in that...Read More

U.S. Copyright Office: Artwork Created Through AI Is Not Afforded Copyright Protection

The U.S. Copyright Office recently rejected a second request for copyright protection on a work of art created through artificial intelligence (“AI”). Steven Thaler is a self-proclaimed AI pioneer and creator of the artificial intelligence program called the “Creativity Machine.” In essence, the Machine uses a computer algorithm to generate images with little to no human interaction. In...Read More

Rising COVID Numbers Affecting Judiciary (NY)

In recent weeks, many of us have seen COVID numbers begin to rise again, at least with regard to positive tests.    New York City has yet to see any increase in safety protocols in the Courts since those measures were relaxed earlier this year.   But that could change. Just last week, a 3-day retreat for state judges — involving over seventy attendees – was held in the Hamptons,...Read More

Plaintiff’s Now Occasionally Entitled To Recording IMEs In NJ

Recently, the Appellate Division dealt with three separate cases consolidated into one appeal on the issue of when a plaintiff’s attorney may have a third-party attend a plaintiff’s medical exam with a defense doctor, as well as whether it is permissible for a plaintiff’s attorney to audio and/or video record his client’s exam with a defense doctor. Difiore et. al. v. Pezic, et al. dealt with...Read More

Too Many Auto Accidents Stop Causation Chain (NY)

In Smith v. Gray, 2022 WL 1418973 (2d Cir. 2022), the Second Circuit Court of Appeals affirmed a judgment of the United States District Court for the Eastern District of New York, and the Court found that a physician’s expert report needs to be specific and undisputed if a defendant puts forth persuasive evidence that the plaintiff’s injury is related to a preexisting condition in order for a...Read More

Gist Of The Action Remains Useful In PA Motion Practice

In Moravia Motorcycle, Inc. v. Allstate Insurance Company, plaintiffs brought the following claims in connection with damage sustained to a motor home: (1) negligent misrepresentation; (2) breach of contract; and (3) bad faith. Allstate moved for summary judgment on Counts I and III. The claim arose from a curious scenario, as the plaintiffs’ motorhome was parked in a lot they owned when a...Read More

Intrafamily Exclusion In Auto Policy Ruled Unenforceable (NJ)

On May 6, 2022, a New Jersey appellate panel upheld a policyholder’s win in a coverage dispute with Travelers Insurance Company, holding an intrafamily step-down exclusion acted as a “hidden trap” in a family’s auto policy where not reflected in the policy declarations page. Specifically, in Cristina Dela Vega v. The Travelers Insurance Company, et al., (No.:...Read More