News & Of Interest

Law Practice in a Post-COVID World

We won’t be seeing a pre-COVID world any time soon. But a post-COVID world? That seems a bit more realistic, as vaccinations become more prevalent and we progress toward herd immunity. What will the practice of law look like, once COVID19 subsides, regular travel comes back, and in-person interaction resumes? Which remote techniques we use will stay, and which will fade away? My article...Read More

A Connecticut Auto Dealer in Pennsylvania’s Court: Personal Jurisdiction over the Internet (PA)

Does the Commonwealth of Pennsylvania have personal jurisdiction over an auto dealer in Connecticut? This was the question recently examined by the Lackawanna County Court of Common Pleas in D&S Auto Sales v. Commercial Sales & Marketing. The Defendant, a Ford dealership located in Mystic, Connecticut filed a preliminary objection to a claim of faulty service and repair of a vehicle...Read More

Motion to Transfer Venue for Forum Non-Conveniens Cited COVID-19 Concerns in Philadelphia County

The Philadelphia Court of Common Pleas recently granted a motion to transfer venue to York County, PA in the Arceo et. al. v. AMF Bakery Systems, et. al. lawsuit. The motion to transfer venue pursuant to the doctrine of forum non conveniens derives from rule Pa.R.C.P. 1006(d)(1), which states “or the convenience of parties and witnesses the court upon petition of any party may transfer an...Read More

NYPD Traffic Officer Traffic Owed No Special Duty to Plaintiff Struck by Taxi

On November 1, 2012, an NYPD traffic officer was directing traffic at the intersection of 3rd Avenue and East 10th Street in Manhattan, New York, after the traffic lights were non-operational due to Hurricane Sandy. As the officer was manually directing traffic, a collision occurred at the intersection between a motorcycle driven by the Plaintiff and a taxi. Subsequently, in Mendez v. City of...Read More

Ruff Witnesses: Pennsylvania Court to Analyze the Use of Emotional Support Animals During Trial

Testifying at Trial can be stressful for anyone. So stressful that some Courts agree to have emotional support animals present during trials. Recently, the Supreme Court of Pennsylvania, Middle District, granted a petition for allowance to appeal in which the Supreme Court will consider if the Superior Court erred in affirming the trial court’s decision to permit a dog to accompany a...Read More

Sometimes, De Minimus Contacts Equals Maximum Damage Award! (PA)

In a recent en banc opinion, the Pennsylvania Superior Court found that a couple should not be prevented from suing in their choice of venue even where only a small percentage of the defendant company’s $1.4 billion in revenue is derived there. In Hangey, et al. v. Husqvarna Professional Products, Inc., et al. plaintiffs, husband and wife, brought suit after Mr. Hangey fell off a Husqvarna...Read More

ACV Does Not Include Replacement Costs For A Total Loss (PA)

In Davis et al. v. Progressive Advanced Ins. Co. et al., the United States District Court for the Eastern District of Pennsylvania recently analyzed whether the plain language of the plaintiffs’ Davis and Gress’ insurance policies required Progressive to pay the Plaintiffs the actual cost value (“ACV”) for a total loss to their vehicles, and if so, whether the ACV includes replacement...Read More

Joyride Fails to Bring Joy to Injured Passenger (NJ)

New Jersey motorist Sheavonra Adderly was involved in a one-car collision that caused injury to one of her passengers. That passenger sought coverage under the vehicle’s insurance policy issued by Liberty Mutual. However, Adderly was not the owner of the vehicle involved in the accident, and the policy excluded coverage if a person drives the covered vehicle without a reasonable belief...Read More