Tag: Litigation Quarterly

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...

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...

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...

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...

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...

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...

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...

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...

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)...

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, LLC, 2023 WL 4553463 (App. Div. July 17, 2023), involved a simple set of fact...