News & Of Interest

It’s Just Part of the Game: Plaintiff Assumes Risk with Collision at Third (NY)

In Infant v. Loisaida Inc, plaintiff, a thirteen-year-old, was injured when, as he was fielding at third base in a baseball game, a baserunner slid into the base and collided with his left shin. Infant plaintiff brought suit alleging negligence of the league for his injuries. Defendants argued that the plaintiff assumed the risk, as he had played baseball for seven years. The lower court...Read More

Hit Pause, Get Hit, Lose Labor Law Protection (NY)

In Palermo v. 7 West 21 LLC, the First Department considered the application of Labor Law 240(1) when work has paused for a break.  Plaintiff Palermo and his coworker had just pried a wood form off of a wall where concrete formwork was being done.  The wood form measured 3 by 3 feet wide, 8 by 12 feet long, and weighed approximately 175 to 200 pounds.  Plaintiff asked to take a short break to...Read More

Homeowner’s Policy Fails to Cover Crowded Concert Assault (PA)

The Superior Court of Pennsylvania recently ruled that “industry standards” evidence may be barred in matters dealing with strict liability.  In Sullivan v Werner Company, the appellate court finally provided guidance related to the Pennsylvania Supreme Court’s previous decision in Tincher v. Omega Flex as it relate to industry and governmental standards evidence. The underlying incident...Read More

Blunt Talk: NJ Supreme Court Holds that a Workers Compensation Carrier Must Pay for an Injured Worker’s Medical Marijuana (NJ)

The New Jersey Supreme Court recently issued a lengthy opinion holding that New Jersey’s Jake Honig Compassionate Use Medical Cannabis Act was not preempted by Federal law and that a workers compensation carrier must pay for an injured worker’s medical marijuana. By way of background, the matter of Vincent Hager v. M&K Construction arose out of a back injury sustained by Hager while...Read More

EDPA Upholds An Insurer’s Choice of (Maritime) Law Clause (PA)

After the recent kerfuffle in the Suez Canal, it seems as though ships running ashore and maritime law are becoming common topics of conversation. Most recently, the Eastern District of Pennsylvania addressed the impact of an insurer’s choice of law provision in an insurance contract in connection with an insured seeking coverage for damages following its ship running aground. Great Lakes...Read More

Something Borrowed (PA)

Continental Cas. Co. v. Pennsylvania Nat. Mut. Cas, involved a dispute between two (2) insurance carriers arising out of a motor vehicle accident and its subsequent settlement. Specifically, Continental Cas. Co. (Continental) commenced suit against Pennsylvania Nat. Mut. (Penn National) seeking reimbursement from Penn National, under an equitable contribution theory, for settlement sums paid...Read More

Philadelphia Court Allows COVID Insurance Cases To Move Forward (PA)

A Philadelphia insurer has asked a Philadelphia County judge to stay several cases it is facing from preschool franchisees, which claim they were improperly denied coverage for pandemic-related losses suffered after being forced to shut down. The insurer, pointing to a pending appeal in the Superior Court, argued that the holding would “likely be substantially controlling with respect to...Read More

Discoverability of Litigation Funding Information (NY)

Coronado v. Veolia N. Am. Inc., No. 450319/2019 (NY Cty. Sup. Ct. Apr. 5, 2021) is a personal injury case, wherein Plaintiff alleges she was entering an Access-A-Ride when another vehicle collided with it, thereby causing her to fall and sustain injuries. Plaintiff brought suit against the driver of the colliding vehicle and other parties. The motion before the court involved a discovery...Read More