Plaintiff, Bryce Martinez, recently sought to amend his Complaint in the United States District Court for the Eastern District of Pennsylvania. Previously, having thrown out Plaintiff’s Complaint for failure to state a claim, the Martinez Court re-considered the...
Salting in the Storm: NJ Supreme Court Holds Ordinary Snow Removal Doesn’t Create ‘Unusual Circumstances’ Under Pareja
In Haydee Gallardo v. Walmart, A-65-24 (089466), a decision issued on July 30, 2026, the New Jersey Supreme Court considered whether a snow-removal measure undertaken during an ongoing storm, the application of salt to a parking lot that had not been pretreated before...
200 Years of Precedent Gone? The Gist-of-the-Action Doctrine in Pennsylvania
The Supreme Court of Pennsylvania recently granted review to opine on the continuing validity of the gist of the action doctrine, commonly employed by defendants to strike claims that seek to convert breach of contract claims into tort claims, and vice-versa. In...
New Jersey Appellate Division Holds That Rideshare (TNC) Liability Policies Must Provide PIP Coverage to Uninsured Pedestrians
In Boone v. Unsatisfied Claim and Judgment Fund/New Jersey Property-Liability Insurance Guaranty Association, A-2772-24, a published decision issued on July 24, 2026, the New Jersey Appellate Division addressed a question of first impression: whether liability...
Superior Court Enforces UIM Waivers Without Policy Number Notation
Recently, in Huggins v. Progressive Advanced Ins. Co., 2026 PA Super 130 (June 18, 2026), the Superior Court of Pennsylvania was presented with the issue of whether an insured who only has one policy with an insurer can knowingly reject underinsured motorist (“UIM “)...
New Jersey Appellate Division Confirms UPEPA Anti-SLAPP Dismissals May Be Decided Under the Motion-to-Dismiss Standard and That Online Consumer Reviews Are Protected Opinion
In Lento Law Group, PC v. Hendrickson, A-3541-23, a published decision issued on June 15, 2026, the New Jersey Appellate Division interpreted the Uniform Public Expression Protection Act (UPEPA), N.J.S.A. 2A:53A-49 to -61. It is New Jersey’s anti-SLAPP law, enacted...
New Jersey Supreme Court Holds Future Medical Expenses Within PIP Limits Are “Collectible” and Inadmissible at Trial
On May 6, 2026, the New Jersey Supreme Court reached a unanimous decision in Murray v. Punina, A-51-24. The case addressed a question that had troubled trial courts since the Legislature amended N.J.S.A. 39:6A-12 in 2019: whether a plaintiff in an automobile personal...
Vicarious Liability for the Acts or Omissions of Agents
Many insurance carriers seek to use independent agents to market and sell their policies, but the legal question of whether these agents are considered representatives of the carrier can significantly impact liability. Courts consider several elements in determining...
When “Magic Words” are Nothing More Than a Spectacle
In Commonwealth v. Fitzpatrick, 349 A.3d 835 (Pa. 2026), the Pennsylvania Supreme Court recently revisited the admissibility of expert evidence pursuant to the Pennsylvania Rules of Evidence. The Court had to explore whether, in the event that expert testimony is...