by Vincent TerrasiAugust 27, 2020 Coverage, Damages, Insurance, Litigation, Of Interest, Pennsylvania, Property0 comments
General Contractor Overhead and Profit Deducted in Actual Cash Value Settlements (PA)
Earlier this week, on August 24, 2020, the Supreme Court of Pennsylvania issued its decision in the consolidated appeals of Kurach v. Truck Insurance Exchange and Wintersteen v. Truck Insurance Exchange. By way of brief background, in both cases, after the plaintiffs experienced water damage to their homes, they filed claims with Truck Insurance Exchange (“Truck”). Both plaintiffs opted for...Read More 0
by Vincent TerrasiAugust 25, 2020 Motion Practice, Damages, Evidence, Litigation, Negligence, New Jersey, New York, Of Interest, Other Jurisdiction, Pennsylvania, Product Liability0 comments
Amazon Can Be Liable for Third-party Sellers’ Defective Products in California-Will Other States Follow? (NY)
Amazon has traditionally been exempt from various states’ product liability laws by successfully arguing that Amazon is not a “seller” when it comes to products sold by third-parties through Amazon’s website. A California Appellate Court has overturned a lower court and ruled that Amazon.com played a pivotal role in every step of a plaintiff’s purchase of a...Read More 0
New York Judge Finds Probable Cause to Grant Summary Judgement (NY)
In Showon v. City of New York, the plaintiff brought a cause of action against the City of New York for false arrest, false imprisonment, malicious prosecution, and battery after being arrested for running over a passenger’s foot and leaving the scene of an accident. In the criminal case, the plaintiff taxicab driver who allegedly ran over a passenger’s foot was prosecuted for leaving the...Read More 0
The New Normal (NY)
The New York Supreme Court Commercial Division has enacted a new rule that allows attorneys to request permission to appear remotely before commercial judges based on a showing of a good cause. The new rule is a clear shift from the status quo of courts operating on an ad hoc basis filled with administrative court adjournments and trial delays. However, what separates the Commercial...Read More 0
Summary Denial of Summary Judgment (NY)
New York Labor Law, colloquially called the Scaffold Law, has been a windfall for plaintiffs. Under §240(1) of the law, owners and general contractors are strictly liable when a worker is injured due to a gravity related risk. The case of Henriquez v. Clarence P. Grant Hous. Dev. Fund Co., Inc. reminds us that there are still limitations and defenses to these expensive claims. In Henriquez,...Read More 0
Moving Party Must Prove that Documents Actually Exist (PA)
In Winn-Dixie Stores, Inc., et al. v. Eastern Mushroom Marketing Cooperative, et al., the United States District Court for the Eastern District of Pennsylvania ruled that the moving party has the burden of proof on a motion to compel. In Winn-Dixie, the plaintiff supermarket claimed that the Eastern Mushroom Cooperative (“EMC”) colluded to raise the price of fresh agarics mushrooms in...Read More 0
Entry of Default – You Snooze, You Lose (PA)
The Superior Court of Pennsylvania issued a precedential opinion on August 11, 2020 detailing the procedure for a defendant to properly open a default judgment. In Eric Scalla v. KWS, Inc., A Member of The Thiele Group (Pa. Super 2020) the defendant KWS, Inc., was served with a ten-day notice to enter a default judgment on March 13, 2020. KWS Vice President of Operations signed for the mail...Read More 0
Potential Playground Hijinx Lead to Dismissal of Case Dismissal for NYCHA (NY)
In Wilson v. New York City Housing Authority, the plaintiff, a minor, allegedly was injured when he slipped and fell off a wet playground equipment on a playground owned by the New York City Housing Authority (hereinafter NYCHA). The infant plaintiff slipped and fell when he climbed on the second step of a ladder which led to monkey bars. The plaintiffs allege that a built-in sprinkler, which...Read More 0