Superior Court Rejects Arguments that Insurer’s Entitlement to UIM Credit is Self-Executing In a recent decision, the Pennsylvania Superior Court in Tachony v. LM Gen. Ins. Co., No. 1902 EDA 2023, 2024 WL 3042206 (Pa. Super. 2024), affirmed an order denying the...
Eastern District of Pennsylvania Court Held Factual Details of Denial Insufficient to Overcome Motion to Dismiss Statutory Bad Faith Claim
In a recent slip opinion in Barbor v. State Farm Fire Claims Company, et al., 2024 Wl 3678660 (E.D. Pa. Aug 6, 2024) the United States Eastern District of Pennsylvania considered an insurer’s Motion to Dismiss a bad faith claim. The Court granted the Motion and...
The Epidemic, Part IV
Sudden-Moving-Ladder Syndrome Strikes Again! Is there no end? In a recent decision, the Supreme Court, New York County gave us yet another look at Sudden-Moving-Ladder Syndrome in action. In Zuniga v. Trinity NYC Hotel, LLC, 2024 NY Slip Op 32293(U), plaintiff was...
Amend at Your Leisure, Part IV
Working on Stilts, In the Dark. What Could Go Wrong? New York is the “City that Never Sleeps” that also happens to never be short on fact patterns for Labor Law cases. In this post, we’re taking a break from ladders and talking about stilts. In Calderon v. Gilbane...
The Epidemic, Part III
“Sudden-Moving-Ladder Syndrome” Sets Up Mixed Bag Decision from the First Department This decision from the First Department is the equivalent of an appetizer sampler at many popular restaurant chains. We’re going on a journey into Labor Law §§ 240(1) and 200,...
Bank Shot
Welding Clamp Sets Out on Adventure Through Construction Site to Strike Plaintiff with the Help of Gravity In a recent decision, the Supreme Court, New York County granted plaintiff’s motion for summary judgment as to his Labor Law § 240(1) claim, and, as a result,...
Ducts Fly Together
Quack, Quack, Quack, Quack . . . In a recent decision, the Appellate Division, First Department reversed a Supreme Court, New York County decision that denied plaintiff’s motion for summary judgment as to his Labor Law § 240(1) claim against defendants. In Rivera v....
Should Have Seen It Coming, Part II
First Department Holds Finds in Favor of Plaintiff Because Defendants Lack of Omniscience “Foreseeability” often comes up in the context of Labor Law § 240(1), in that a plaintiff in a case involving the collapsing of a permanent structure must establish that the...
The Epidemic, Part II
“Sudden-Moving-Ladder Syndrome” Sets Up Second Department for Good Ole’ Fashioned § 240(1) Fun The SMLS saga continues. We’re going to be untangling some legal knotwork in the following decision, so a quick word regarding the decisions from the lower Court is...
