In a recent decision, the United States District Court for the Eastern District of Pennsylvania denied a motion for summary judgment filed by Ideal Shield LLC (“Ideal Shield”), a manufacturer of sign components used in a Target parking lot. The Court held that Ideal...

On June 16, 2025, the United States District Court for the Eastern District of Pennsylvania granted the defendant’s Motion to Dismiss under Rule 12(b)(6) in Williams v. W.M. Barr & Co., 2025 U.S. Dist. Lexis 114387, 2025 WL 1689388 (E.D. Pa. June 16, 2025). In a...

Stopped Escalator Enumerated Device.  Stairs Next? “Stationary escalator” or, more commonly known as, “stairs.” In a recent decision, the Appellate Division, First Department affirmed a Supreme Court, Bronx County decision that denied plaintiff’s motion for summary...

Decision Highlights Differing Artistic Visions of Accident between Supreme Court and First Department In a recent decision the Appellate Division, First Department unanimously reversed a Supreme Court, New York County decision that denied plaintiff’s motion for...

Pulley System Collapses, Hoisting Plaintiff to Summary Judgment Sometimes it’s the safety device itself that workers need protection from. In a recent decision, the Appellate Division, First Department modified a Supreme Court, Bronx County decision that granted...

The New Jersey Superior Court, Appellate Division, recently affirmed the established distinction between residential and commercial sidewalk liability in the matter of Gottsleben v. Annese (Docket No. A-3851-23), decided July 3, 2025.  In this notable slip-and-fall...

Site of Plaintiff’s Fall Not Passageway According to Industrial Code In a recent decision, the Appellate Division, Second Department modified a Supreme Court, County order that denied the branches of defendants’ motion for summary judgment to dismiss plaintiff’s Labor...

Alternative Narratives Not Enough to Ward Off Summary Judgment In a recent decision, the Appellate Division, First Department modified a Supreme Court, New York County decision that granted plaintiff’s summary judgment motion as to his Labor Law § 240(1) and denied...

Second Department Reminds Us Plaintiff Doesn’t Need to Correctly Plead Date of Accident It really doesn’t matter when the accident happened. In a recent decision, the Appellate Division, Second Department affirmed a Supreme Court, Queens County Order that granted...