Punitive Damages Denied In Red Light Auto Case (PA)
In Koch v. Lawson, 2023 U.S. Dist. Lexis 65802, 2023 WL 2923139, a Pennsylvania Court held that simply driving through a red light did not rise to the level to warrant punitive damages. In Pennsylvania, punitive damages are proper, “when a person’s actions are of such an outrageous nature as to demonstrate intentional, willful, wanton or reckless conduct.” In order to seek...Read More
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Being On Site Two Years Before The Date Of Loss, May Prevent Summary Judgement (NY)
Generally, liability for a dangerous condition on real property must be predicated upon ownership, occupancy, control, or special use of the property. However, the Second Department in Lyman v. Cablevision of Ossining Ltd. Partnership, et al., 2023 NY Slip Op 02116, (2023), recently held that Cablevision was unable to escape on summary judgment, when they did not own the property and their...Read More
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Definition Of ‘Appropriate Licensed Professional’ For Expert Purposes Narrowed In Federal Medical Malpractice Case (PA)
In the recent case of Joseph Geiger v. United States of America, the United States District Court for the Middle District of Pennsylvania, held that only a physician can qualify as “an ‘appropriate licensed professional’ for the purposes of providing expert testimony regarding the applicable standard of care or a statement in support of a certificate of merit against a physician. Joseph Geiger...Read More
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Arbitration Waiver Unenforceable Because Parents Had No Apparent (or Other) Authority (PA)
A defendant seeking to enforce an arbitration agreement against a spouse or family member, such as a child, of an individual who is a signatory to an arbitration agreement, must establish agency on the part of the signatory, which thereby gave that signatory the power to bind the spouse or family member. In Santiago v. Philly Trampoline Park, LLC, a recent Pennsylvania Superior Court case,...Read More
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Will Amazon Be On The Hook? Awaiting Important Precedent in PA
We are still on watch for a current pending Pennsylvania Supreme Court decision that could impact Amazon’s liability in this case. In Oberdorf v. Amazon.com Inc., 930 F.3d 136, 150 (3d Cir.), reh’g en banc granted, opinion vacated, 936 F.3d 182 (3d Cir. 2019), the plaintiff filed a strict products liability action against Amazon alleging failure to warn and design defect from an...Read More
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New York High Court Retains Assumption of Risk Doctrine for High School Athletes
With spring baseball in full swing, in a consolidated decision issued April 27, 2023, the NY Court of Appeals recently considered whether high school athletes across the state assume the risk of potential injury when they participate in high school athletics. Over two dissents, the Court retained the longstanding primary assumption of risk doctrine in the limited context of athletic and...Read More
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PIP Coverage is Subject to Full Payment in NJ
In a recent New Jersey Appellate Division decision, the court ruled on the application of the statutorily mandated PIP limits. Birmingham v. Travelers New Jersey Ins. Co., 2023 WL 2719287 (N.J. Super. Ct. App. Div. 2023). In Birmingham v. Travelers New Jersey Ins, the insurer Travelers appealed the lower court’s decision to enforce Traveler’s obligation to provided PIP coverage with no...Read More
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A Primer On Florida’s 2023 Tort Reform
The following contains an outline of the recent changes to Florida’s Tort law. A more detailed, but still limited, synopsis of some of the important changes follows the outline. The changes in Florida’s tort law are far reaching and a full reading of the enacting Bill, which is attached, is necessary to understanding the scope of Florida’s 2023 tort reform. Section 57.104, F.S was amended to...Read More
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