In Motil v. Wausau Underwriters Insurance, A-0400-23 (Appellate Division), which involves a significant decision on automobile insurance coverage, the New Jersey Appellate Division ruled in favor of the plaintiff affording her entitled to $100,000 underinsured...

A United States District Court judge in the Eastern District of Pennsylvania recently granted a motion for summary judgement by Defendant in a declaratory judgement and insurance bad faith action. In Moore v. USAA, Plaintiff alleged that she was making a delivery for...

Accident Straight Out of Michael Bay Movie Not Enough for Summary Judgment on Plaintiff’s § 240(1) Claim The Supreme Court, New York County, recently denied a motion for summary judgment by plaintiff as to a Labor Law § 240(1) claim.  While this is news in and of...

Supreme Court Sifts Through Debris on §§ 200 and 241(6) Claims What happens if plaintiff moves for summary judgment when he can’t identify what actually caused the accident and cannot recall if he tripped or slipped or both? In MacMenamin v. 95th and Third LLC, 2024...

Supreme Court Severs Claims After Parties’ Misstep It’s important to cover all your bases when moving for summary judgment because, in a recent decision, the Supreme Court, New York County shows us that if you don’t the Court isn’t going to do the work for you. In...

First Department Agrees with Lower Court on § 240(1) and Notes Plaintiff Would Have Also Won on § 241(6) Anyway The First Department gives us another look at a case where, in opposition to plaintiff’s motion for summary judgment, inconsistencies in the account of the...

In Maia v. IEW Construction Group, the New Jersey Supreme Court held that Chapter 212 of the Wage Payment Law (WPL) and the Wage and Hour Law (WHL) in New Jersey, which took effect on August 6, 2019, cannot be applied retroactively to conduct that occurred before this...

Homeowners Not Responsible for Meter Installer Closing Finger in Her Own Car Door It’s rare that we come across a clean sweep on summary judgment in favor of the defendants.  The Second Department, reminding defendants to never to lose hope, gives us a look at a...

Second Department Redlines Plaintiff’s Pleadings Resulting in Summary Judgment We’re giving serious consideration to starting a subseries of cases where the plaintiff fails to properly allege an Industrial Code section, does nothing about it until after discovery is...