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October 22, 2023
Context Important in ERISA Dispute Over Unclear Language (PA)
Don’t Drag Your Feet And Assume That NY Courts Will Grant Extensions Of Time
Defendants’ Conflicting Accounts Held Fatal To Their Summary Judgment Motion (NY)
Displacing A Duty To Maintain Premises Safely Can Absolve Premises Liability (NY)
Out Of Possession Landlord Found To Have No Premises Liability (NY)
Defendants Bear Burden To Show Alleged Sidewalk Defect Substantial And Not the Cause Of Plaintiff’s Fall
Call Your Next Witness (Cannabis Edition) -- Alex Buscher of Buscher Law LLP
Hidden Danger in PA
Plaintiff Cannot Rely on Speculation in NY
SJ Granted In Face Of Conclusory Defendant Affidavit On Labor Law Claim (NY)
Winter Is Coming . . . “Storm in Progress” Shields Landowners from Liability in NY
Gym Denied Summary Judgment Because Of Conditions At Premises (NY)
Federal Court Shuts Down Plaintiff On A Products Liability Warning/Defect Case (PA)
Known Threat Creates Potential Liability For Retailer In Shoplifting Case (PA)
Furnishing The Occasion Is Not the Same As Causation In Premises Liability Case (NY)
Insurer’s Denial Goes To Jury If Policyholder’s Expert Report Contradicts Insurer’s Grounds for Denial (NY)
Happy Holidays from Wade Clark Mulcahy
Wade Clark Mulcahy LLP Expands on Long Island with Addition of Steven F. Goldstein LLP
Plaintiff Failed To State A Claim For Alleged Workplace Assault (NY)
Step Risers Into Showers Are Not Open And Obvious (NY)
Plaintiff's Comparative Negligence Not Admissible In A Strict Liability Action (PA)
Surveillance Footage May Be Deemed Speculative For Showing Causation
Dismissal Granted Where Claim Against Party Added After the Statue of Limitations Did Not Relate Back to Filing of Original Complaint
Federal Rule of Evidence 702 Standard of Care for Medical Experts Requires Sufficient, Supported, and Reliable Expert Testimony
Speculation On Causation Of Infections Will Not Be Permitted By New York Courts