The Honorable Gerald A. McHugh of the Eastern District Court of Pennsylvania recently held in Morris v. Sutton, No. CV 23-2806, 2025 WL 564933 (E.D. Pa. Feb. 19, 2025) that 75 Pa. C.S.A. §1722 of Pennsylvania’s Motor Vehicle Financial Responsibility Law (“MVFRL”) did...
Flashing at a Concession Stand
Fourth Department Opens the Door for Slippery Roof Pitch in Future Cases In a recent decision, the Appellate Division, Fourth Department unanimously reversed a Supreme Court, Monroe County decision that denied plaintiff’s motion for summary judgment as to his Labor...
Unlimited Breadsticks > Labor Law § 240(1)
Third Department Affirms Denial of Plaintiff’s Summary Judgment Motion due to Question of Fact Involving Sole Proximate Cause Defense Never bet against unlimited breadsticks. In a recent decision, the Appellate Division, Third Department affirmed a Supreme Court,...
Homeownership Can Be Tough
The Homeowners’ Exception to Labor Law § 2410(1) is Not Automatic In a recent decision, the Appellate Division, Second Department unanimously affirmed a Supreme Court, Kings County decision that denied a defendant homeowner’s motion for summary judgment to dismiss...
Pallet Jacks Don’t Cut It
Forklifts Required to Escape Labor Law § 240(1) Liability in First Department In a recent decision, the Supreme Court, New York County denied defendant’s motion for summary judgment to dismiss plaintiff’s Labor Law § 240(1) cause of action. In Bordonaro v. E.C....
New Jersey Appellate Division Confirms IFPA and RICO Claims Must Proceed in Court, Not PIP Arbitration
In a recently published decision by the New Jersey Appellate Division in Allstate New Jersey Insurance Company, et al v. Carteret Comprehensive Medical Care, PC, et al, A-0778-23 (2025), the court addressed whether insurance fraud claims brought under New Jersey’s...
Warning Signs
First Department Decision Reminds Us Warning Signs Are Not “Safety Devices” In a recent decision, the Appellate Division, First Department partially affirmed a Supreme Court, New York County decision that granted plaintiff-decedent’s motion for summary judgment as to...
SMLS: A Cure in Sight?
Labor Law Defendants Across New York Dare to Hope Again In a recent decision, the Appellate Division, Second Department affirmed the portions of a Supreme Court, Queens County decision that denied plaintiff’s motion for summary judgment as to his Labor Law § 240(1)...
Battle of the Experts
Conflicting Expert Opinions Keep Plaintiff’s § 240(1) Cause of Action Alive In a recent decision, the Appellate Division, First Department modified a Supreme Court, New York County decision that denied defendants’ motion for summary judgment to dismiss the Complaint. ...