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October 22, 2023
Summary Judgment On Material Misrepresentation Not Granted Due To “conclusory” Evidence Without Supporting Documentary Evidence (NY)
Fraudulent Joinder To Retain State Jurisdiction Denied By Federal Court Of Appeals (PA)
Supreme Court Rejects Narrowing Of Employer Immunity From Tort Liability, Under the Workers’ Compensation Act (PA)
New Claims At The End Of Discovery Are Insufficient (NY)
An Issue Of First Impression For PA: Are Minor Children Bound To Arbitration Agreements Signed On Their Behalf?
One Inch Height Differential Can Be One Step Closer To Summary Judgment (NY)
Landlord Not Liable For Repairs Unless The Lease Requires (NJ)
Expert’s Questionable Report Ultimately Thwarts Summary Judgment (PA)
Court Defers To An Arbitrator’s Credibility Determinations (NY)
U.S. Supreme Court Sides With Plaintiffs In Tort Preemption Dispute
Are New York City Residents Required To Shovel Snow On Public Sidewalks?
Failure To Establish The Standard Of Care In A Pennsylvania Negligence Action Leads To Entry Of Non-Suit
Mode-Of-Operation Doctrine Rejected For Accident Not Involving A Self-Service Setting (NJ)
PTSD Damages Not Permitted In Connecticut Underinsured Motorist Claim In The Absence Of Credible Expert Testimony
Preservation Of Appellate Review – Is It Waived?
Tent v. Structure: Battling Definitions Determine Whether An Insurance Company Is Liable (NY)
First Department Panel Very Skeptical of Owner Affidavit In Lieu Of Deposition In Labor Law Case (NY)
Landowner Not Required To Remove Snow From Every Inch Of Property (PA)
Insurer Not Liable for Supplemental Spouse Liability (NY)
Superior Court Reverses Transfer From Philadelphia Venue Where Defendant Failed To Provide Detailed Information On The Record
PA Court Affirms Summary Judgment On Grounds Of Assumption Of The Risk And Open And Obvious Condition
Ninth Avenue Freezeout: Plaintiff Cyclist Case Dismissed Due to Speculation (NY)
The Continued Expansion Of Labor Law §240(1) (NY)
WCM and Airbnb Obtain 3211(a)(7) Dismissal in New York County
PA Court Holds NJ Transit Is Not An Arm Of The State of New Jersey