Rube Goldberg Machine Accidents Do Not Automatically Fall Under Labor Law § 240(1) In a recent decision, the Supreme Court, New York County dismissed plaintiff’s Labor Law § 240(1) claim as to all defendants. That same decision granted plaintiff’s motion for summary...
Into the Ring
The United States District Court for the Eastern District of Pennsylvania Upholds Position that Litigation is Inherently Adversarial, and that Usual Discovery Dealings Aren’t Enough to Substantiate a Violation of 42 Pa. Cons. Stat. § 8371 In Melissa Rocco v. Farmers...
Season 2, Ep. 2: Deny, Delay, and Defend: Inside New Jersey’s Bad Faith Claims
In this episode, host Scott Tredwell welcomes Jeff Stanton, Michael Ellery, Robert Cahall, and Igor Konstankevich for an in-depth discussion on bad faith insurance claims and how they are handled in Pennsylvania and New Jersey. The conversation explores the evolving...
Any Time is the Right Time for Summary Judgment
First Department Confirms It’s Never Too Early for Labor Law § 240(1) Summary Judgment Motions In a recent decision, the Appellate Division, First Department unanimously reversed a Supreme Court, New York County decision that denied Plaintiff’s motion for summary...
Another Tale of Sufficient Inconsistencies
Plaintiff’s Shirt Causes Question of Fact in Labor Law § 240(1) Cause of Action In a recent decision, the Appellate Division, First Department modified a Supreme Court, New York County decision that, inter alia, denied defendants’ motion for summary judgment to...
A Series of Labor Law Events
Sequencing Distinguishes “Falling Out of Flatbed” Cases At first glance this may seem like an “open and shut” win for defendants. based on our previous reporting regarding fact patterns where plaintiffs fall out of flatbed truck. In a recent decision, the Supreme...
A Gift from The Heavens
First Department Affirms Denial, But Declines to Look for Summary Judgment for Plaintiff In a recent decision, the Appellate Division, First Department unanimously affirmed a Supreme Court, Bronx County decision that denied defendant’s motion for summary judgment to...
A Classic
Plaintiff Has Poor Time at the Theatre In a recent decision, the Supreme Court, New York County recently granted plaintiff’ motion for summary judgment as to his Labor Law § 240(1) cause of action. In Booth v. Lincoln Ctr. for the Performing Arts, Inc., plaintiff...
No matter how you slice it, expert testimony must be with a reasonable degree of certainty.
In a non-precedential decision, the Superior Court of Pennsylvania, in Peterson v. Stacy’s Pizza, Inc., 2025 Pa. Super. Unpub. Lexis 108, 2025 WL 88444 (Jan. 14, 2025), reviewed a premises liability case in which Plaintiff, a delivery driver, was injured by a falling...
