News & Of Interest

Grapes of Wrath: Sam’s Club and the Mode of Operation Rule (NJ)

In a typical slip and fall case, a plaintiff needs to prove that a defendant knew or should have known about a dangerous condition on the premises that caused the plaintiff to fall. However, in certain ‘self-service’ settings, New Jersey has applied the ‘mode of operation’ rule to certain commercial businesses. The mode of operation rule applies when a business permits its customers to handle...Read More

Contractors Beware: PA Court Held Open And Obvious Defense Inapplicable To Contractor

A recent decision from the Pennsylvania Superior Court highlights the problem with rushing to judgment in the evaluation of premises liability claims. See Miller v. WRDH Holdings, LLC, No. 3543 EDA 2019 (Pa. Super. Ct. Sept. 7, 2021). Miller involved injuries allegedly sustained when the plaintiff fell while attempting to walk around a temporary sidewalk closure sign. The City of Philadelphia...Read More

Florida Adopts The Apex Doctrine

Defendants have long complained about the bullying associated with abusive discovery, especially that of high-level corporate employees. Under the “Apex Doctrine,” high-level government and corporate employees are entitled to protection from deposition where the party opposing the deposition generally shows that; the witness lacks unique, first-hand knowledge of the facts at issue; and that...Read More

Call Your Next Witness – Ross Mallor of PM Legal

On today’s episode of the Call Your Next Witness podcast, we welcome Ross Mallor of PM Legal. Ross is a true entrepreneur in the litigation arena in the northeast United States. Since joining his father at PM Investigations, now PM Legal, the company has grown from a 2-person investigation company into a 200+ employee company, which conducts investigations for both plaintiffs and...Read More

Reflections On 9/11 From NYC – 20 Years Later

Tomorrow, Sept. 11, 2021, marks, to borrow a phrase from FDR, a day which will live in infamy in our memory.   Even voicing the words “September 11” aloud entails an immediate, somber feeling. 20 years.  Different media networks have been producing documentaries to commemorate the day.  There will memorial ceremonies in lower Manhattan and elsewhere, and the New York Mets and Yankees game...Read More

Who Is Considered A Vehicle Owner Under New York Vehicle And Traffic Law §388? (NY)

In Walker v. Town of Webster, the Appellate Division, Fourth Department addressed whether a former vehicle owner was considered an owner for the purposes of liability under Vehicle and Traffic Law §388. Plaintiff in that case allegedly sustained personal injuries when he was struck by a vehicle operated by defendant Buck. However, plaintiff also sued defendant Osborn, who had transferred...Read More

Safety Devices And Proving Labor Law §240(1) Claims (NY)

I have fallen and can’t get up! Now what? When a plaintiff brings a Labor Law §240(1) claim for injuries sustained from falling through an unprotected opening, he or she must prove that they were exposed to an elevated related risk during construction and must present evidence as to which specific and identifiable safety device would have prevented the fall. Labor Law §240(1) imposes a...Read More

Fine Art Buyer’s Identity Is Relevant In Conversion Action Against Art Gallery (NY)

In Hicks v. Leslie Feely Fine Art LLC, abstract painter Marianne Hicks (“Hicks”) sued a New York City art gallery (the “Gallery”) and an unknown buyer named as a John Doe defendant, for conversion of a painting sold to the buyer as one by the renowned artist Friedel Dzubas (“Dzubas”). Hicks alleged that she is the true painter and sought replevin of the painting from the buyer. Hicks claimed...Read More