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October 22, 2023
Basketball Is A Risky Business (Even If You Are Not a Knick) (NY)
Toddler On Tricycle At Fault For Car Collision (NY)
U.S. Supreme Court Re-Writes the Rules of Personal Jurisdiction in Mallory v. Norfolk Southern Railway Co.
New Jersey Ongoing Storm Rule Applies to Commercial Private Property
Puppy Play Not Foul Play (NY)
Balcony Collapse Coverage Suit Gets Second Chance Where Additional Insured Coverage is Found to be Ambiguous
The Language of the Industrial Code is Important in Determining Liability Under New York Labor Law §241(6)
No Premises Liability for Third-Party Criminal Activity Without Notice or Control (NY)
Lack of Constructive Notice Requires Constructive Evidence
Failure to Appear Equals a Failed Case in NY
Sworn Denial of Process Warrants Evidentiary Hearing
Preservation of Appellate Review – Is It Waived?
Excess Carrier Has No Duty to Defend
Fall From An Obstacle Course Is An Inherent Risk of that Activity, And Operator Owes No Duty Of Care To Patrons Of The Course (PA)
No Horseplay On The Part Of Defendant-Third Circuit Affirms Grant Of Defendant’s Motion For Summary Judgment
Teachers Only Required To Provide Reasonable Supervision (NY)
An Increased Risk Of Developing Cancer Is Not In And Of Itself An “Injury” (PA)
Punitive Damages Claim Deemed NOT Excessive By PA Supreme Court, Despite Being Over 10 Times The Amount Of Total Compensatory Damages
Open And Obvious Condition Of Exterior Step Extinguished Defendant’s Liability (NY)
New York’s Storm In Progress Rule Requires Evidence Of Precipitation (NY)
Starbucks Has No Sidewalk Liability As Commercial Tenant (NY)
New York Appellate Court Continues Trend of Finding No Coverage For Financial Loss Due To COVID-19 Related Closures
Call Your Next Witness- Murray Singer
Property Insurers Are Not Responsible For Financial Losses (NY)
Video of Bicyclist-Pedestrian Collision Raises Many Questions, Just No Triable Issues of Fact