A Motion to Amend the Complaint in NY Leads to Dismissal of Action
When a plaintiff seeks to recover damages for personal injuries from the defendants and thereafter, moves for leave to amend the complaint, the Court must not only consider the motion for leave to amend but must also consider any defendant’s motion for dismissal. For example, in Langley v. Melville Fire Dist., 2023 NY Slip Op 00656 (2d Dep’t February 8, 2023), the plaintiff was standing in...Read More
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Is a Witness Unavailable if the Presiding Trial Judge Personally Views the Witness in an Ambulance? (NY)
Typically, a trial judge has the ability to determine if a witness is unavailable for testimony. However, in this instant matter, apparently emergency transportation from the courthouse in an ambulance after falling ill in the middle of trial may be insufficient to be deemed unavailable on its own. This was the case in the Second Department’s recent decision, 244 Linwood One, LLC, et al., v....Read More
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US Supreme Court Grants Certification To Review Choice Of Law Clause In Admiralty Case Could Open Insurers To Bad Faith Actions
The Supreme Court granted review in Great Lakes Insurance SE v. Raiders Retreat Realty Co., agreeing to consider whether, under federal admiralty law, a choice of law clause in a maritime contract can be rendered unenforceable if its enforcement is found to be contrary to the “strong public policy” of the state whose law is displaced. Raiders stems from a declaratory judgment action brought...Read More
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Dog Doesn’t Get One Free Bite If Propensity To Do So Is Evident Prior To Attack (NY)
In Zicari v. Buckley, 2023 NY Slip Op 00788 (4th Dept. 2023), plaintiff alleged serious injuries due to a dog attack when he visited the defendant’s home to obtain signatures on a local political petition, and immediately upon the door opening, was attacked by defendant’s dog. Defendant said the dog had never attacked anyone before that day. At pretrial phase, Defendant moved for summary...Read More
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Graves Amendment Immunity Denied To Auto Company If Liability Not Completely Based On Ownership (PA)
In the recent case of Burns v. Shama Express LLC, The United States District Court for the Western District of Pennsylvania found the Graves Amendment to the Safe, Accountable Flexible and Efficient Transportation Equity Action of 2004 is inapplicable when the liability attempting to be placed on an automobile company is grounded, even in part, in any basis other than ownership. Burns...Read More
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Eyewitness Accounts Of A Rear-End Motor Vehicle Accident Ignored In Summary Judgment Motion (NY)
Recent case law regarding rear-end motor vehicle collisions highly favors the front most car. It is increasingly difficult to dispute liability and defense counsel are typically left mitigating damages. This has been re-affirmed by a recent Second Department decision, An v. Abbate, 2023 NY Slip Op 00977, where the lower court’s decision was overturned and summary judgment was granted in...Read More
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WCM Is Pleased to Welcome Two New Counsel
WCM is pleased to welcome Craig Briggs and Maurice Waller, both to the rank of counsel in our Pennsylvania office. Craig is an experienced trial attorney with expertise in personal injury defense of high-profile clientele, construction litigation, and commercial litigation in both the state and federal courts. His practice focuses on complex, large exposure cases. Maurice is a skilled...Read More
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Courts Weary Of “Jack Of All Trades” Experts (PA)
Under Daubert, experts must have relevant qualifications to testify to relevant industry standards. In McConn v Dollar General Corporation., 2022 WL 17750490 (W.D. Pa. Dec. 19, 2022), plaintiff claimed that when she attempted to remove a book from a bookcase in Dollar General, books began falling on her and a rack that holds the book became dislodged. In support of her claims, plaintiff...Read More
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