In the recent case, Pummer v. Engelbrecht, 2024 WL 5245037, (Pa. Super. Ct. Dec. 30, 2024), the Court was asked to evaluate whether an insurance carrier is required to establish prejudice in cases where a plaintiff seeking uninsured motorist benefits (“UM”) fails to...

Dropped Objects Fall Squarely into Labor Law Protections 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 judgment as to his Labor Law § 240(1)...

Examining the Wave of Motions to Amend Complaints After Fraud Allegations I.  P.L.R. § 3025(b) & Motions to Amend Answer to Assert Affirmative Defenses Motions to amend Answer to assert affirmative defense and counterclaim for fraud pursuant to C.P.L.R. § 3025(b)...

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...

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...

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,...

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...

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....