Elemental, My Dear Warwick
Recently, in Warwick v. Golden Properties LLC et al. No. 1316 WDA 2023, the Pennsylvania Superior Court affirmed the lower court verdict, in which the jury found in favor of…
Category: Insights
Credit is Earned, Not Assumed
Superior Court Rejects Arguments that Insurer’s Entitlement to UIM Credit is Self-Executing In a recent decision, the Pennsylvania Superior Court in Tachony v. LM Gen. Ins. Co., No. 1902 EDA…
Eastern District of Pennsylvania Court Held Factual Details of Denial Insufficient to Overcome Motion to Dismiss Statutory Bad Faith Claim
In a recent slip opinion in Barbor v. State Farm Fire Claims Company, et al., 2024 Wl 3678660 (E.D. Pa. Aug 6, 2024) the United States Eastern District of Pennsylvania…
The Epidemic, Part IV
Sudden-Moving-Ladder Syndrome Strikes Again! Is there no end? In a recent decision, the Supreme Court, New York County gave us yet another look at Sudden-Moving-Ladder Syndrome in action. In Zuniga…
Amend at Your Leisure, Part IV
Working on Stilts, In the Dark. What Could Go Wrong? New York is the “City that Never Sleeps” that also happens to never be short on fact patterns for Labor…
The Epidemic, Part III
“Sudden-Moving-Ladder Syndrome” Sets Up Mixed Bag Decision from the First Department This decision from the First Department is the equivalent of an appetizer sampler at many popular restaurant chains. We’re…
Bank Shot
Welding Clamp Sets Out on Adventure Through Construction Site to Strike Plaintiff with the Help of Gravity In a recent decision, the Supreme Court, New York County granted plaintiff’s motion…
Ducts Fly Together
Quack, Quack, Quack, Quack . . . In a recent decision, the Appellate Division, First Department reversed a Supreme Court, New York County decision that denied plaintiff’s motion for summary…
Should Have Seen It Coming, Part II
First Department Holds Finds in Favor of Plaintiff Because Defendants Lack of Omniscience “Foreseeability” often comes up in the context of Labor Law § 240(1), in that a plaintiff in…
The Epidemic, Part II
“Sudden-Moving-Ladder Syndrome” Sets Up Second Department for Good Ole’ Fashioned § 240(1) Fun The SMLS saga continues. We’re going to be untangling some legal knotwork in the following decision, so…