Look Out Below–How Much Height Differential Is Required For A Falling Object Claim Under Labor Law 240(1)? (NY)
When a lawsuit alleges that a plaintiff’s injuries are caused by an object falling from the same relative height as plaintiff, does the claim satisfy the elevation hazard requirements of Labor Law §240(1)? Liability under Labor Law §240(1) does not automatically apply just because an object fell and injured a worker. The law requires that a plaintiff prove that at the time the object fell, it...Read More
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Burden Of Proof To Dispute Consent Under New York Vehicle And Traffic Law §388 (NY)
In Johari v. Patel, the Supreme Court, Kings County recently addressed whether a vehicle owner was entitled to summary judgment on the issue of whether the co-defendant driver was operating a vehicle without the owner’s consent. Plaintiff was a passenger in the vehicle and allegedly sustained injuries in a car accident. Plaintiff sued both drivers involved in the accident and the owner of the...Read More
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If You Make Something, Can You Destroy It?–Visual Artists’ Exclusive Right To Destroy (or Preserve) Their Works (NY)
Generally, when you buy a product, you can do what you want with it. But if you buy a work of art, your rights in respect of that work may be limited. For hundreds of years, the French legal system has recognized artists’ “moral rights,” or “le droit moral.” The concept of moral rights protects the personal, artistic, and reputational value of a work, rather than its purely monetary value, for...Read More
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COVID Chaos – New York Court Finds No Coverage for Pandemic Losses
It would be near impossible to encounter someone who has not been affected in some way by the COVID-19 pandemic. The same proves true for insurance companies and courts across the nation have begun to address the issue of insurance coverage for pandemic-related losses. In Visconti Bus Serv., LLC v. Utica Natl. Ins. Group, 2021 NY Slip Op 21027 (Feb. 12, 2021), the New York Supreme Court,...Read More
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Heads up! NJ Appellate Division Holds That An Injured Plaintiff Need Not Establish Reckless Conduct On The Part Of Her Field Hockey Coach (NJ)
A recent decision from the New Jersey Appellate Division held that a student-athlete does not have to prove reckless conduct on the part of her coach to sue the coach and the board of education. See Dennehy v. East Windsor Regional Board of Education. In this instant case, the girls’ field hockey team were performing corner drills while the other members of the team were observing the drills...Read More
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Policyholders Inflate Estimates At Their Own Risk (PA)
A recent decision from the United States District Court for the Eastern District of Pennsylvania demonstrates the risks involved when an insurance policy holder inflates the replacement value of the property covered under their commercial insurance policy. See State Auto Prop. & Cas. Ins. Co. v. Sigismondi Foreign Car Specialists, Inc. No. CV 19-5578, 2021 WL 1343116 (E.D. Pa. Apr. 12,...Read More
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Old Navy Employee Throws A Shelf And The Court Throws The Book (PA)
What started as a heated argument between an Old Navy employee and a shopper disputing the price of an item in Philadelphia took quite the turn when the employee picked up a metal shelf and threw it at the customer. To no one’s surprise, this led to a lawsuit filed in the Philadelphia Court of Common Pleas asserting claims against the employee, Old Navy, and its corporate affiliate, The Gap...Read More
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COVID-19 Pandemic Claim For Damages Dismissed With Prejudice As Plaintiff Attempts To Flee To State Court (PA)
In the Eastern District of Pennsylvania case, Round Guys Brewing Company v. Cincinnati Insurance Company, Round Guys sought coverage for losses stemming from the omnipresent COVID-19 pandemic. Additionally, Round Guys attempted to remand the case back to Montgomery County, Pennsylvania, by arguing the case concerned matters of state law yet to be settled. In the next round, Chief Judge Sánchez...Read More
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