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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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

Appellate Division Reaffirms Past Medical History Comparative Analysis Requirement in Cases Claiming Aggravation

The New Jersey Appellate Division recently issued an unpublished yet informative opinion in a matter involving a claim of aggravation of significant pre-existing injuries. The matter, Nichols v. Duke Linden, […]

The Long Road Home: The Eastern District of Pennsylvania Finds an Employer Liable for the Actions of its Employee During the Employee’s Ride Home from Work

The United States District Court for the Eastern District of Pennsylvania recently had occasion to broadly construe Pennsylvania’s vicarious liability precedent. In Nedelton v. Keebler, 2023 U.S. Dist. LEXIS 113564 […]

The Supreme Court of New York Revisits Assumption of Risk Doctrine in the Context of Motocross Racing

Written by: Ruhani K. Aulakh, Law Clerk Edited by: Patrick J. Graham, Esq. The Supreme Court of New York, Appellate Division recently clarified the assumption of risk doctrine as it […]

The “Plain, Ordinary Meaning” of an Automobile Liability Insurance Policy Determines Denial of UIM Benefits Sought by an Injured Pedestrian

In Silva v. Selective Fire and Casualty Insurance Company, 2023 N.J. Super. Unpub. LEXIS 618 (App. Div. April 24, 2023), the New Jersey Appellate Division seized yet another opportunity to […]

The Supreme Court of Pennsylvania Upholds the Household Vehicle Exclusion in an Underinsured Motorist Policy

The Supreme Court of Pennsylvania, in a recent opinion, continued to reject the view that household vehicle exclusions are ipso facto unenforceable. In Erie Ins. Exch. v. Mione, 289 A.3d […]

The Supreme Court of New York Relieves an Insurer of its Duty to Defend and Indemnify for an Occurrence Outside of Defined Coverage

The Supreme Court of New York, New York County recently had occasion to interpret the terms of an insurance policy and in doing so, ordered that an insurance company was […]

NJ Adopts Final Regulations to Implement New Jersey’s Landmark Environmental Justice (EJ) Law

On April 17, 2023 (the first day of Earth Week), Governor Phil Murphy announced the final adoption of regulations to implement New Jersey’s landmark Environmental Justice (EJ) Law. The EJ […]

The New Jersey Appellate Division Has Occasion to Determine the Liability of the Owner of a Vacant Lot for Injuries Sustained on the Lot’s Abutting Sidewalk

On January 4, 2023, the New Jersey Appellate Division rendered an interesting, yet unpublished opinion related to the issue of liability for a sidewalk abutting a vacant lot. In Padilla […]

Pennsylvania’s Ongoing Snow Storm Precedent is Applied to Snow and Ice Falling from Rooftops

The Superior Court of Pennsylvania recently reaffirmed the scope of the duty owed by both a landowner and snow removal contractor during an ongoing snow storm. In Sylvester v. Alvin […]

New York Supreme Court Reaffirms Contractor’s Burden in Moving for Summary Judgment Regarding Alleged Dangerous Condition on Public Sidewalk

The Supreme Court of New York, New York County recently denied an electrical contractor’s motion for summary judgment where that contractor failed to sufficiently establish that it did not cause […]

New Jersey BPU Releases Updated Version of a Proposal to Expand New Jersey Electric Vehicles Infrastructure System

The NJBPU recently released an updated version of a proposal to expand the New Jersey Electric Vehicles Infrastructure system. This updated Proposal expands upon its June 2021 Proposal which sought […]

Environmental Issue: New Jersey Senate Environment and Energy Committee Is Requiring Sellers to Notify Buyers/Renters of Property Flooding Risk

On October 6, 2022, the New Jersey Senate Environment and Energy Committee advanced legislation sponsored by Senator Bob Smith and Senator Richard Codey that would require home sellers and landlords […]