When your out-of-state insurer-client is sued in state court, you may be tempted remove to federal court under 28 U.S.C. § 1332. Yet even if your insurer-client is incorporated and headquartered out-of-state, determining whether you may remove the suit to federal...
Has a Local Prothonotary Rejected Your Filing in Pennsylvania? Read This.
It has happened to every litigator practicing in the Pennsylvania Courts of Common Pleas. You have worked overnight to complete a brief or pleading before the filing deadline, you have just obtained your client’s approval to file, and then you file with a local county...
Trial or Arbitration Date? No Longer Good Cause, and Now Exceptional Circumstances
In Kronfeld v. Malone, No. A-2044-23, (N.J. Super. Ct. App. Div., October 1, 2025), the Appellate Court was tasked with determining the appropriate legal standard to apply when ruling on motions to extend discovery in cases where a trial or arbitration date has...
Cutting Corners: A Hospital’s Responsibility for Its Doctors
On July 10, 2025, in a reported and precedential decision, the Pennsylvania Superior Court upheld a $182 million verdict against a corporate medical provider based purely on vicarious liability in Hagans v. Hospital of the University of Pennsylvania et al. In Hagans,...
Clearly Visible, Legally Vulnerable: Why ‘Obvious Risks’ Didn’t Shield Target’s Supplier from Suit
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...
An Undisputably Authentic Dismissal
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...
Stationary Escalator
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...
Reframing the Accident
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...
“Safety” Device
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...