Faulty Jury Instructions Lead to the Vacation of a $6.4 Million Dollar Judgment
The Superior Court of Pennsylvania recently vacated a Philadelphia County Court of Common Pleas jury verdict and $6.4 million award in favor of an injured employee of a contractor due to improper jury instructions issued at the underlying trial. Covanta Holding Corp. (“Covanta”), a...
On the Clock: How the Dismissal of One Claim Alleging a Violation of Federal Civil Rights Can Derail an Entire Civil Action
Early in law school, future attorneys are taught to pay attention to times and dates because one small procedural error in the timeliness of a filing could make or break a case. The United States District Court for the District of New Jersey recently demonstrated just how important th...
The New N.Y. C.P.L.R. § 2106 Amendment: A Game Changer
Do you need an affidavit in support of a motion for summary judgment, but your client is delaying returning the document because he or she does not have a notary readily available? Are you on trial and need a business record produced pursuant to a subpoena to be accompanied by a certi...
Respondent Ordered to Provide Petitioner with Information About Identity of the Prospective Defendants Necessary to Frame a Complaint
In Matter of Morquecho v. HMH Architectural Metal & Glass, 2024 N.Y. Misc. LEXIS 423 (N.Y. Sup. Ct. 2024), the Supreme Court of New York, Kings County, addressed whether a respondent must be compelled to disclose necessary information against a party that the Petitioner wants to s...
Stacking Underinsured Motorists Benefits in Pennsylvania Clarified by Supreme Court and Under Review by State Legislature
In Pennsylvania, under 75 Pa. C.S. § 1738, an insured with underinsured motorist benefits (“UIM”) can “stack” or multiply these benefits based on the number of vehicles covered by the insurance policy. This statutory system, which protects insured drivers involved in motor vehicle acc...
Expedited Discovery and Service of Pre-Discovery Third-Party Subpoenas Permitted Following Allegations of Anonymous Cryptocurrency Theft.
The United States District Court for the District of New Jersey recently granted a Plaintiff’s Motion for expedited discovery and for leave to serve third-party subpoenas prior to a Federal Rule 26(f) conference where the information sought in those subpoenas was critical to properly...
NJ Receives $15.9M for EV Infrastructure Projects
New Jersey recently received a $15.9 million federal grant to help with electric vehicle infrastructure projects pursuant to the Bipartisan Infrastructure Law’s $2.5 billion Charging and Fueling Infrastructure Discretionary grant program. This grant includes $10 million to help bui...
NJBPU Announces Award of Additional Offshore Wind Projects
The New Jersey Board of Public Utilities (NJBPU) awarded a combined 3,742 MW of offshore wind capacity to Invenergy and energyRE’s Leading Light Wind Project and Attentive Energy LLC’s Attentive Energy Two Project, advancing the State’s progress toward a 100% clean energy economy by...
Spoliation of Evidence Found for Failure to Preserve Video Surveillance in a Slip and Fall
In Heagy v. Burlington Stores, Inc., 2023 U.S. Dist. LEXIS 157151 (E.D. Pa. Sept. 6, 2023) the U.S. District Court for the Eastern District of Pennsylvania denied Defendant store’s Motion for Partial Summary Judgment, which sought punitive damages in a slip and fall case. The case aro...
New York Appellate Court Applies N.Y. Labor Law § 240(1) to Below-Grade Excavation Injuries
The Appellate Division of the Supreme Court of New York recently reversed a Supreme Court of New York, New York County decision in which it contemplated whether elevation risk analysis under N.Y. Labor Law § 240(1) applies to a cave-in related accidents at a below-grade excavation. In...
United States District Court for the District of New Jersey Immunizes a Municipality Under the New Jersey Tort Claims Act
On October 31, 2023, the United States District Court for the District of New Jersey granted Motions for Summary Judgment filed by Atlantic City and Bally’s Park Place, LLC (hereafter “Bally’s) in the case of Snead v. Bally’s Casino, 2023 U.S. Dist. LEXIS 194905 (D.N.J. Oct. 31, 2023)...
Ørsted Announces Halt to Development of Two Offshore Wind Projects for New Jersey
Ørsted Americas, a Danish wind developer and industry leader, recently announced that it is halting development of two major offshore wind projects, proposed to be developed off of the shores of New Jersey (known as Ocean Wind 1 and Ocean Wind 2). A company statement blamed unfavorab...