Insights 11 - McCormick & Priore

Two Sides of the Wheel: When Jurors Should Be Presented with the Question of Comparative Negligence

Amelia Michael October 28, 2024 No Comments

Recently, the Superior Court of Pennsylvania in Dailey v. Smith, 2024 WL 4456426, — A.3d — (Pa. Super. Ct. Oct. 10, 2024), analyzed whether the trial court erred in not…

Notice of Claim Confusion

Amelia Michael October 25, 2024 No Comments

Supreme Court Clears Up Confusion and Holds It’s a Reasonable Excuse Procedural History & Facts: In a recent decision, the Supreme Court, New York County granted plaintiff’s motion to deem…

Chopper Me Outta Here

Amelia Michael October 24, 2024 No Comments

Recently, in Troseth v. Carson Helicopters Holdings Co., 2024 WL 4444001 (Pa. Super. Ct. Oct. 8, 2024), the Pennsylvania Superior Court reversed the lower court verdict, in which the judge…

Not Superseding Enough

Amelia Michael October 23, 2024 No Comments

First Department Affirms Inept Co-Worker Not Bar to Summary Judgment Procedural History & Facts: In a recent decision, the Appellate Division, First Department unanimously upheld the portions of a Supreme…

Detecting Bias: The Role of Expert Interrogatories in Pennsylvania Discovery

Amelia Michael October 22, 2024 No Comments

While seldom used, Pennsylvania allows parties to issue Expert Interrogatories during discovery under certain parameters. Unlike the federal courts, Pennsylvania does not allow a party to depose experts prior to…

Conflicting Narratives

Amelia Michael October 21, 2024 No Comments

Alternative Narratives Take Plaintiff’s Claim out of Labor Law Protections Procedural History & Facts: In a recent decision, the Supreme Court, Kings County denied plaintiff’s motion for summary judgment on…

The Courts May Be Getting the Gist of It

Amelia Michael October 18, 2024 No Comments

On September 26, 2024, in the case Bruno v. Roundhouse Cycles, Inc., 2024 WL 4307525 (E.D. Pa. Sept. 26, 2024), Judge Haines of the Western District of Pennsylvania dismissed a…

Hearsay, You Say?

Amelia Michael October 17, 2024 No Comments

No Amount of Hearsay Will Save You from Summary Judgment In a recent decision, the Appellate Division. First Department unanimously upheld a Supreme Court, New York County decision that granted…

New Fear Unlocked

Amelia Michael October 16, 2024 No Comments

Elevator Falls Fifteen Floors After Sudden Stop In a recent decision, the Appellate Division, First Department modified a Supreme Court, New York County decision that dismissed plaintiff’s Labor Law §…

That Math Ain’t Mathing

Amelia Michael October 15, 2024 No Comments

Plaintiff’s Credibility Issues Add Up To Denial of Summary Judgment Motion In a recent decision, the Appellate Division, Second Department affirmed a Supreme Court, Queens County decision that denied plaintiff’s…

Category: Insights