Wade Clark Mulcahy LLP

Better to Have an "Assured Clear Distance" than 20/20 Hindsight in Pennsylvania

Appellate Division Highlights Need for Thorough Evidence for Trivial Defect Defense

WCM Wins Again! Court Grants Time Bar Motion to Dismiss in NY

District Court of New Jersey Holds Additional Insured Coverage is Triggered by Allegations of Vicarious and Direct Liability

Take Notice!

Harassment and Bias: Superior Court of New Jersey Defends Against Burdensome Subpoenas

WCM Wins Again! Important Labor Law Victory for Homeowners

Proposed OSHA Heat Injury and Illness Prevention Rule Could Create A New Species of Labor Litigation

A Culinary Coup, a Foie Gras Fête: NYC’s Ban of Foie Gras Foiled Again

WCM Wins SJ on Horseback Riding Case

Summary Judgment Granted in Favor of Plaintiff in Trip and Fall on Sidewalk Upon Determine that There was a Substantial Defect of the Sidewalk

Latency Protects You From Negligence Until it is No Longer Latent

How Reasonable Does a Reasonable Inspection Have to Be?

Lack of Knowledge Could Mean No Case

New York Courts Generally Won’t Relinquish Jurisdiction Over Declaratory Judgment Action to Another State

Sovereign Immunity and Charter Schools

One Two Many Dwellings: Southern District of New York Holds Building Is Not Covered As “Two-Family Dwelling” Under Homeowners’ Policy

And the Case Goes On…

Reasonable Excuse and Meritorious Defense Leads to Reversal of Unopposed Summary Judgment Award

Bare Legal Conclusions in a Complaint Not Sufficient to Survive Motion to Dismiss

Right to Arbitrate Waived by Prior Litigation Conduct

Pennsylvania Superior Court Vacates $8,000,000 Fee Award Not Consistent with the Language of the Parties’ Agreement

Contradicting Much?

Not Liable for Negligence, But Still Possibly Liable for Negligence?

First Department Holds Insurer May Disclaim Under Construction Classification Codes