“A New Hope”
Supreme Court, Kings County Denies Plaintiff’s Summary Judgment Motion Where Ladder Didn’t Cause the Accident Bringing Hope to Labor Law Defendants In a recent decision, the Supreme Court, Kings County…
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Cleaning Up Context
Worksite Cleanup Covered Activity Under Labor Law § 240(1) in the Right Context In a recent decision, the Appellate Division, First Department unanimously affirmed a Supreme Court, New York decision…
Two Sides of the Wheel: When Jurors Should Be Presented with the Question of Comparative Negligence
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
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
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
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
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
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
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?
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…