Flying Lumber Keeps Defendant in Labor Law § 200 Case With co-workers like these, who needs enemies? In a recent decision, the Appellate Division, Third Department modified a Supreme Court, Ostego County decision that denied plaintiff and defendant’s motions for...
Inside the Lawyers Studio Podcast – Season 2, Ep. 1 – Crash, Click, Capture: The Digital Evidence Behind Accidents with Dr. Schorr & Mr. Primrose
In the premiere episode of Season 2, host Scott Tredwell welcomes back Dr. Justin Schorr, an expert in accident reconstruction, alongside digital forensics specialist Timothy R. Primrose. The conversation explores the evolving landscape of forensic investigations,...
When the Shoe Doesn’t Fit (Summary Judgment Is Warranted)
Recently, in Livshitz v. Designer Brands, Inc., No. 23-3082, 2025 WL 80259 (3d Cir. Jan. 13, 2025), the Honorable John F. Murphy of the Third Circuit affirmed the United States District Court for the Eastern District of Pennsylvania’s grant of summary judgment in...
Single-Vehicle Policy Stacking Provides Premium Worthy Benefits
Recently in Higgins v. Nationwide Affinity Ins. Co. of Am., 2024 PA Super 312 (Dec. 26, 2024), the Superior Court of Pennsylvania was tasked with analyzing whether an insurance policy provides illusory benefits by charging a premium for “stacking” of uninsured...
Can’t Default without a Cause
On December 20, 2024, the Superior Court of Pennsylvania, in a published decision, upheld a trial court’s decision that a defendant’s failure to answer a complaint did not result in a “default” on issues, but a damages assessment, holding that a defendant could still...
A Compelling Case for Medical Examinations
Recently, the Superior court of Pennsylvania in Verba v. Erie Insurance Exchange, No. 2633 EDA 2023, 2024 WL 4631682 (Pa. Super. Ct. October 21, 2024), analyzed whether the trial court erred in granting an insurer’s motion to compel its insured to submit to an...
On the Road to Summary Judgment: Negligent Entrustment & a Lessee’s Duty to Investigate Potential Drivers in a Leased Truck Accident Case
Recently, in Brown v. Brooks, 2024 WL 4664806 (E.D. Pa. Nov. 4, 2024), the United States District Court for the Eastern District of Pennsylvania granted defendant Penske’s summary judgment motion on plaintiff’s claims of negligent entrustment, failure to maintain and...
New Jersey Supreme Court Affirms Limits on Insurers’ Duty to Defend in Workplace Injury Cases
The New Jersey Supreme Court recently delivered a decision in Rodriguez v. Shelbourne Spring, LLC, clarifying the extent of an insurer’s duty to defend an employer against workplace injury claims. The Court concluded that Hartford Underwriters Insurance Company was...
Reserve Your Rights, Or Forever Provide a Defense
In Mist Pharmaceuticals, LLC v. Berkley Insurance Company, the New Jersey Appellate Division addressed the application of a "capacity exclusion" in a Directors and Officers (D&O) Liability Insurance policy. Mist Pharmaceuticals sought indemnification from Berkley...
