Recently, in Warwick v. Golden Properties LLC et al. No. 1316 WDA 2023, the Pennsylvania Superior Court affirmed the lower court verdict, in which the jury found in favor of the defendants when it determined that the plaintiff did not meet her burden of proof in...
Credit is Earned, Not Assumed
Superior Court Rejects Arguments that Insurer’s Entitlement to UIM Credit is Self-Executing In a recent decision, the Pennsylvania Superior Court in Tachony v. LM Gen. Ins. Co., No. 1902 EDA 2023, 2024 WL 3042206 (Pa. Super. 2024), affirmed an order denying the...
Eastern District of Pennsylvania Court Held Factual Details of Denial Insufficient to Overcome Motion to Dismiss Statutory Bad Faith Claim
In a recent slip opinion in Barbor v. State Farm Fire Claims Company, et al., 2024 Wl 3678660 (E.D. Pa. Aug 6, 2024) the United States Eastern District of Pennsylvania considered an insurer’s Motion to Dismiss a bad faith claim. The Court granted the Motion and...
The Epidemic, Part IV
Sudden-Moving-Ladder Syndrome Strikes Again! Is there no end? In a recent decision, the Supreme Court, New York County gave us yet another look at Sudden-Moving-Ladder Syndrome in action. In Zuniga v. Trinity NYC Hotel, LLC, 2024 NY Slip Op 32293(U), plaintiff was...
Amend at Your Leisure, Part IV
Working on Stilts, In the Dark. What Could Go Wrong? New York is the “City that Never Sleeps” that also happens to never be short on fact patterns for Labor Law cases. In this post, we’re taking a break from ladders and talking about stilts. In Calderon v. Gilbane...
The Epidemic, Part III
“Sudden-Moving-Ladder Syndrome” Sets Up Mixed Bag Decision from the First Department This decision from the First Department is the equivalent of an appetizer sampler at many popular restaurant chains. We’re going on a journey into Labor Law §§ 240(1) and 200,...
Glen Shikunov Secures Superior Court Decision Re-Affirming “Regular Use Exclusion”
In a recent decision in Jones v. Erie Ins. Exch., 2024 PA Super 139 (July 3, 2024) (approved for publication, no citation yet available), the Superior Court of Pennsylvania considered the validity of the “regular use exclusion” in uninsured/underinsured benefits...
Bank Shot
Welding Clamp Sets Out on Adventure Through Construction Site to Strike Plaintiff with the Help of Gravity In a recent decision, the Supreme Court, New York County granted plaintiff’s motion for summary judgment as to his Labor Law § 240(1) claim, and, as a result,...
Ducts Fly Together
Quack, Quack, Quack, Quack . . . In a recent decision, the Appellate Division, First Department reversed a Supreme Court, New York County decision that denied plaintiff’s motion for summary judgment as to his Labor Law § 240(1) claim against defendants. In Rivera v....
