Ride Share Exclusion Upheld
A United States District Court judge in the Eastern District of Pennsylvania recently granted a motion for summary judgement by Defendant in a declaratory judgement and insurance bad faith action.…
Category: Insights
Do Not Amend At Your Leisure
Accident Straight Out of Michael Bay Movie Not Enough for Summary Judgment on Plaintiff’s § 240(1) Claim The Supreme Court, New York County, recently denied a motion for summary judgment…
Trip? Slip? Trip n’ Slip?
Supreme Court Sifts Through Debris on §§ 200 and 241(6) Claims What happens if plaintiff moves for summary judgment when he can’t identify what actually caused the accident and cannot…
“Gotta Fix That Step”
Supreme Court Severs Claims After Parties’ Misstep It’s important to cover all your bases when moving for summary judgment because, in a recent decision, the Supreme Court, New York County…
“…and one!”
First Department Agrees with Lower Court on § 240(1) and Notes Plaintiff Would Have Also Won on § 241(6) Anyway The First Department gives us another look at a case…
Back to the Future: Retroactive Application of Wage Loss in New Jersey Bad Faith
In Maia v. IEW Construction Group, the New Jersey Supreme Court held that Chapter 212 of the Wage Payment Law (WPL) and the Wage and Hour Law (WHL) in New…
Pinky Promise
Homeowners Not Responsible for Meter Installer Closing Finger in Her Own Car Door It’s rare that we come across a clean sweep on summary judgment in favor of the defendants. …
Amend at Your Leisure, Part III
Second Department Redlines Plaintiff’s Pleadings Resulting in Summary Judgment We’re giving serious consideration to starting a subseries of cases where the plaintiff fails to properly allege an Industrial Code section,…
Sufficiently Relevant Inconsistencies
Fourth Department Upholds Denial of Plaintiff’s Summary Judgment Motion to Account for Alternative Account of Incident In a recent decision, the Appellate Division, Fourth Department affirmed a Supreme Court, Monroe…
No Departures
First Department Keeps Defendant’s Exit from Labor Law § 240(1) Claim Grounded In a recent decision, the Appellate Division, First Department modified a Supreme Court, New York County decision that…