A Tale Of Two Transit Authorities: Relation Back Doctrine Found Not to Apply Where Defendants Were Not United In Interest
In New York, a claim asserted against a new defendant will “relate back” to the date of the original claim if plaintiff establishes that (1) both claims arose out of the same conduct, transaction, or occurrence; (2) the new defendant is united in interest with the original defendant, and by reason of that relationship can be charged with notice of the institution of the action such that the...Read More
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On The Fence: Jury To Decide Whether A Makeshift Fence Is An Open And Obvious Or Dangerous Condition (NY)
It is well settled in New York that while an owner of real property has a duty to maintain a reasonably safe premises, it has no duty to protect or warn against open and obvious conditions that are not inherently dangerous. Whether a condition is dangerous or defective is generally an issue of fact for the jury. In Crowley v. 585 Route 25A Holding LLC., Suffolk County Supreme Court addressed...Read More
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Third Circuit Upholds Assault Or Battery Exclusion In Sex Trafficking Case (PA)
In Nautilus Insurance Co. v. Motel Management Services, Inc., et al., the Court of Appeals for the Third Circuit analyzed whether the District Court’s judgment declaring that underlying sex trafficking actions fell within the scope of an insurance policy’s assault-or-battery exclusion. On de novo review, the Court of Appeals affirmed the lower court’s ruling. Nautilus Insurance Company...Read More
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Can A Verdict Render An Appeal Moot? (NY)
In a noteworthy decision, the Court of Appeals recently held that where a triable issue of fact is litigated and a final verdict reached, that issue of fact is rendered moot on pending appeal. Meaning, if 1) a party moves for summary judgment on liability, 2) that motion is denied, 3) the movant appeals that decision, and 4) a trial verdict decides liability before the appeal is heard, that...Read More
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Forum Shopping In Philly Dealt A Set Back
In McGuinness v. Elite-Crete Systems, Inc., the Superior Court of Pennsylvania (“Superior Court”) upheld an order transferring plaintiffs’ action from Philadelphia County to Alleghany County due to forum non conveniens. The Superior Court stated there was sufficient evidence of record that Philadelphia would be an oppressive venue and the trial court did not abuse their discretion when...Read More
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A Lift Is Not A Safety Device In NY Labor Law
In Carlson v. Tappan Zee Constructions, LLC., et al. Index No. 58719/2019, the Hon. Damaris E. Torrent denied a plaintiff’s motion for summary judgment on the issue of liability under Labor Law §240(1). Plaintiff was working on an aerial boom lift attached to a barge when the wakes of two passing boats had caused the barge to rock. As a result, the lift platform swung and crashed into a...Read More
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Insured Contract Exclusion Requires A Third-Party
In Stevanna Towing, Inc., et al. v. Atlantic Specialty Ins. Co., No. 21-1420, 2022 WL 12241451 (3d Cir. Oct. 21, 2022), a Stevanna employee was injured when the boat he was deckhand on— which was being piloted by an employee of Georgetown Sand & Gravel—bumped into a barge. Stevanna, among others, resolved the suit with the employee and then sought reimbursement for the costs associated...Read More
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Soft Tissue Injuries Lead To Significant Verdict
On October 20, 2022, a federal jury in the United States District Court for the Eastern District of Pennsylvania awarded plaintiff, Kerry Ponder (“Plaintiff”) $1,800.000 for personal soft tissue, sprain / strain injuries arising from a motor vehicle collision where Plaintiff was driving on behalf of his employer. Though the at-fault driver had insurance coverage of up to $50,000, this did not...Read More
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