News & Of Interest

NJ Court Addresses The Impact Of Plaintiff Failing To Provide Expert Report (NJ)

The case Benjamim v. Wegmans Food Markets, Inc. arose from plaintiff’s fall at a Wegman’s grocery store. He alleged that the fall exacerbated his pre-existing epilepsy condition. The complaint was filed on February 6, 2018.  Discovery was ultimately extended to April 30, 2019.  Plaintiff was required to serve his medical expert report by April 1, 2019.  Arbitration was eventually conducted...Read More

“Today is not Groundhog Day”: EDPA Addresses Continual Case Deadline Extensions (PA)

While we are all feeling the toll of endless repetitive days of working from home and COVID-19 restrictions, the Eastern District of Pennsylvania in a recent case reminded the parties that, at least in court, an endless loop of resetting deadlines is not acceptable. In the recently decided case, Allstate Property and Casualty Insurance Co. v. Dynamic Solutions Worldwide, LLC, a 2019 house fire...Read More

Need a Hand? How to Sue or Defend a Foreign Manufacturer (NY)

Arkadiusz Piotrowicz v. Techtronic Indus. North Am., Inc., 19 Civ. 11522 (KPF) (SDNY Apr. 30, 2021) is a federal diversity action, wherein Plaintiff seeks damages against numerous defendants for injuries sustained while using a Ryobi-brand miter saw that was purchased from a Home Depot in New York City. Plaintiff allegedly severed his left hand while operating the saw, which was reattached but...Read More

Call Your Next Witness – Part 2 of Dennis Wade Interview

We launched the Call Your Next Witness podcast last week, with Part I of our Dennis Wade interview.  Anyone who knows Dennis is well aware that he has too many stories for one interview.  You can listen to Part 2 of our interview with Dennis on Spotify, Apple, or wherever you download podcasts.  Here, we get into some trial tactics, how Dennis began his career in the world of insurance...Read More

Whistleblowers While You Work – Pennsylvania District Court Analyzes Whistleblower Claim and Grants Summary Judgment for Employer

Recently, the United States District Court for the Eastern District of Pennsylvania partially granted a Defendant’s motion for summary judgment on the basis that the Plaintiff lacked any reasonable belief that the company violated any law of the Sarbanes-Oxley Whistleblower (“SOX”) Act. In Ngai v. Urban Outfitters Inc., plaintiff, who was Director of Sourcing and Technical Design for Urban...Read More

Don’t Forget to Turn On the Lights . . . PA Supreme Court Highlights New Exception to Sovereign Immunity

In an April 28, 2021 opinion, the Pennsylvania Supreme Court held that the Commonwealth of Pennsylvania cannot claim sovereign immunity where a dangerous condition, caused by poor lighting, exists on its property. The Pennsylvania Supreme Court’s decision in Wise v. Huntingdon County Housing Development Corporation, et al. overturned a Commonwealth Court’s contrary decision. Plaintiff, Shannon...Read More

Retired NY State Judges Will Be Able To Recertify After Being Forced To Step Off The Bench Due To COVID-19

New York State Supreme Court justices who reach the mandatory retirement age of 70 will again be able to re-apply for their job and continue the bench. The New York State Constitution says judges must retire at the end of the year they reach age 70. The constitution allows for judges to recertify for a maximum of three two-year terms after proving that they’re still mentally and physically fit...Read More

Join WCM on our Brand New Podcast – “Call Your Next Witness”

For purposes of this post, we will assume that our readers are mostly insurance claim professionals, attorneys, underwriters and others involved in the insurance industry.   Now, think back to before you were involved in this industry, whether just out of college or law school, or before you changed careers and started working in insurance.  What were your pre-conceived notions of...Read More