Pennsylvania Federal Court Holds the Line on Kvaerner
The District Court for the Eastern District of Pennsylvania recently opined on a liability insurer’s duty to defend and/or indemnify its named insured and additional insured in a lawsuit arising out of alleged construction defects in a new housing development. This decision reinforces that Kvaerner – while nibbled at the edges – still arguably remains good law in Pennsylvania. The case,...Read More
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Injuries Sustained At The End Of A Workday Are Still Compensable Under the Workers’ Compensation Act (NJ)
In Diane S. Lapsley v. Township of Sparta, defendants appealed from a denial of workers’ compensation benefits to plaintiff under the Workers Compensation Act. Plaintiff was employed as a librarian for the Sparta Public Library by the Township. After leaving the library at the end of her workday and while walking through the parking lot to her car, plaintiff was struck and injured by a...Read More
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No Winners In Travelers v. Wesco: Court Holds Policies Are Co-Primary On An Equal Share Basis
In a declaratory judgment action (“DJA”) initiated by Travelers Property Casualty Company of America (“Travelers”) in the Southern District of New York, Travelers sought a ruling that (1) Wesco Insurance Company (“Wesco”) has a duty to defend and indemnify a mutual insured, Broadway, as an additional insured on Wesco’s policy; (2) the coverage provided by Wesco is primary; and (3) Travelers’...Read More
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New Theory Of Liability At Summary Judgment Phase Disallowed (NJ)
The matter of Stewart v. New Jersey Turnpike Authority was recently decided by the Supreme Court of New Jersey. In that matter, the plaintiff motorcyclists were injured after a motorcycle accident involving no other vehicles. The collective plaintiffs alleged throughout litigation that they lost control of the motorcycle when they struck a piece of metal in a bridge’s expansion joint that...Read More
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Personal Injury Suit Dismissed Against Hotel For Failure To Provide Expert Evidence Of Liability
In Feuerman v. Marriott, the Court dismissed Plaintiff’s trip and fall complaint against the hotel. Plaintiff claimed the bathroom contained an inoperable and inadequate lighting fixture. After discovery had been completed, defendants moved for summary judgment dismissing the complaint and submitted an expert report averring that the lighting complied with all applicable statutes and that the...Read More
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Third Circuit Permits §1983 Claims To Proceed Against Healthcare Facility Permitting Unsupervised Visit When There Is “Foreseeable Harm”
In Mears v. Connolly, et al., the United States Court of Appeals for the Third Circuit reversed the district court’s dismissal of the plaintiffs’ §1983 claims against a nurse and hospital that permitted a visitor to remain with a patient unsupervised, who then violently attacked by the patient. Plaintiffs Jun-Lori Mears and Michael Mears sued a nurse, among others, after June-Lori Mears was...Read More
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Insurer Wins Summary Judgment After Waiver Of Inter-Policy Stacking In Purchase Of The Policy (PA)
In a case from the Western District of PA, Miale v. Nationwide Insurance Company of America, the court granted the defendant’s motion to dismiss against the plaintiff who brought a breach of contract claim (including bad faith) after they waived inter-policy stacking and their policy only covered one vehicle. The plaintiff the wife of a decedent who file a suit for breach of contract and bad...Read More
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Forum Shopping Denied: Superior Court Rejects The Availability Of Virtual Technology As A Basis For Denying A Dismissal Based On Forum Non Conveniens
In Green v. CSX Transportation Inc., the Superior Court of Pennsylvania rejected a trial court’s conclusion that the availability of virtual technology ameliorated the difficulties of litigating in an inconvenient forum, and reversed the trial court’s denial of CSXT’s motion to dismiss based on forum non conveniens. Clyde Green filed a Federal Employers’ Liability Act (“FELA”) claim against...Read More
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