Recently, in Simpson v. LM General Insurance Co., No. CV 23-4133, 2024 WL 4844793, (E.D. Pa. Nov. 20, 2024), the United States District Court for the Eastern District of Pennsylvania denied the insurance carrier’s motion for summary judgment and granted summary...
Antique Vehicle Insurance Policies: The Wild West of Insurance
Recently, the District Court for the Middle District of Pennsylvania in Foremost Insurance Company Grand Rapids, Michigan v. Tracy Bufflap, No. 1:23-CV-02023, 2024 WL 4899999 (M.D. Pa. Nov. 26, 2024) analyzed the nature of antique automobile insurance policies and...
Let the Pretrial Battleground Over the Admissibility of Expert Testimony Begin
In 2007, many third-party payors and employee welfare benefit plans (“Plaintiffs”) filed lawsuits against GlaxoSmithKline LLC (“GSK”) alleging violations of RICO and various state consumer protection laws in connection with the marketing of the diabetes drug, Avandia....
Heavy Metal
First Department Puts the “Heavy” Back in Heavy Metal and Grants Plaintiff’s Summary Judgment Motion as to Labor Law § 240(1) In a recent decision, the Appellate Division, First Department unanimously reversed a Supreme Court, New York County decision that denied...
“Just Get it Done!”
If You’re Standing on a Bucket in a Labor Law Case, You’re Probably Winning Summary Judgment In a recent decision, the Appellate Division, First Department unanimously affirmed a Supreme Court, Bronx County decision that granted plaintiff’s motion for summary judgment...
Insufficient Inconsistencies, Part II
Benefit of the Doubt as To Plaintiff’s Credibility Staves of Evidence of Inconsistency and Defendants’ Opposition In a recent decision, the Appellate Division, First Department unanimously affirmed a Supreme Court, New York County decision that granted plaintiff’s...
Summary Judgment Ensues
First Department Modifies Lower Court Order Denying Plaintiff’s Motion for Summary Judgment as to Labor Law § 240(1). In a recent decision, the Appellate Division, First Department reversed a Supreme Court, Bronx County decision that, inter alia, denied plaintiff’s...
“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 denied plaintiff’s motion for summary judgment as to his Labor Law...
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 that granted plaintiff’s motion for summary judgment as to his Labor...
