Recently, in Spencer v. Johnson, 2021 PA Super 48 (Mar. 18, 2021), the Pennsylvania Superior Court altered the legal landscape of tort law in limiting the reach of Pennsylvania's Fair Share Act. A two-judge panel held an employee and employer jointly and severally...
NJ is Going Back to Court Virtually—Is Your Witness Ready?
In the Pre-trial Conference, you will discuss the restrictions on the witnesses. In some districts virtual backgrounds are not allowed. The witness may be required to demonstrate that they are in a private location by turning the camera a full 360°. The witness will...
Adjusters, are you Gearing up for Virtual Trials?
We have talked about attorneys and the courts getting prepared for virtual trials. In fact, attorneys have transformed conference rooms into virtual trial court rooms with big screen televisions to view the jury, multiple computers to upload documents and to watch the...
Nexus Required for Mode of Operations
Most recently, the Appellate Court, once again, ruled that the plaintiff must identify the substance and that there was a nexus between the substance and items sold within the store. Sara Quejada v. Shop Rite, A-0923-19T3. On July 6, 2018, plaintiff slipped and fell...
Control is the Critical Element in Worker’s Compensation Premises Rule
The Appellate Court in Diane Lapsely v. Township of Sparta and Sparta Public Library et. al. A-0958-19T3, held that the employer's control of the employee's use of the parking lot would determine whether it was compensable under the Premises Rule. The Petitioner,...
