9/20/21
By: Aaron Miller The Supreme Court of Georgia on August 10, 2021 issued an opinion significantly limiting the apportionment statute in Georgia. The case, Alston & Bird, LLP v. Hatcher Management Holdings, LLC S20G1419, severely limits the situations in which a defendant can apportion fault to a non-party based on statutory law. The statute, O.C.G.A.…
Exculpatory clause in gym membership contract holds water in favorable NJ summary judgment ruling
9/15/21
By: Nicholas J. Hubner and William H Catto The New Jersey Superior Court, Appellate Division, affirmed a favorable summary judgment ruling for the defendant Life Time Fitness, Inc. (“Life Time”) against plaintiff-gym-patron on plaintiff’s negligence claim, and refusal to grant application to amend the complaint during oral argument. In Skarbnik v. Life Time Fitness, Inc., the plaintiff brought a negligence claim against Life Time,…
PA Supreme Court weighs novel doctrine of enterprise liability
8/25/21
By: Sean Riley In the case of Mortimer v. McCool, No. 37 MAP 2020 (Pa. July 21, 2021), the Pennsylvania Supreme Court addressed a doctrine of piercing the corporate veil previously novel to Pennsylvania law, known variously as “single-entity,” “enterprise,” or “horizontal” liability. The matter arose out of injuries sustained by the plaintiff as a result of an intoxicated driver. The driver recently had been served by employees of a nearby…
New Jersey Supreme Court Throws Support behind Ongoing Storm Rule (with Limited Exceptions)
7/9/21
By: Josh Ferguson and Michelle Yee The New Jersey Supreme Court has re-affirmed Defendants’ ability to use the Ongoing Storm Rule to support the defense of a snow/ice slip and fall claim. In Pareja v. Princeton International Properties, 463 N.J. Super. 231, 235 (App. Div. 2020), Plaintiff was walking to work in the early morning…
Automobile Dealer Protection under the Connecticut Dealer Plate Statute, C.G.S. §14-60, Upheld
6/7/21
By: Edward Storck In Kyle McCall v. Gina Sopneski, et al, 202 Conn. App. 616 (2021), the appellant, Kyle McCall, sought review of the trial court’s decision granting the Motion for Summary Judgment filed by appellee, Reynold’s Garage & Marine, Inc. on the grounds that Reynold’s Garage was immune from suit pursuant to the dealer…
6/4/21
By: Wayne Melnick and Carlos Fernandez The COVID-19 pandemic slowed the roll of most, if not all, cases. Now that the brakes are being slowly eased-off, questions are arising about the Georgia Supreme Court’s Emergency Orders that extended the statute of limitations deadlines. A new case from the Middle District of Georgia interpreted the Emergency…
Georgia Legislature Extends COVID Liability Immunity While Courts Consider the Statute’s Protections
6/4/21
By: Sharon Horne The COVID-19 Pandemic Business Safety Act, codified at O.C.G.A. §§ 51-16-1 to -5, went into effect on August 5, 2020, to provide immunity to healthcare facilities and providers, other businesses, and individuals from “COVID-19 liability claims” unless their actions showed gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional…
Superior Court Erodes Pennsylvania’s Fair Share Act
5/17/21
By: Erin Lamb In 2011, Pennsylvania enacted the “Fair Share Act,” Senate Bill 1131. The bill substantially limited the applicability of joint and several liability in civil cases. There is no question that it was the goal of the legislature and then-Gov. Corbett for the bill to do exactly that. As enacted and as applied…
Determining Ownership In Premises Liability Cases
5/17/21
By: Brian Goldberg There are fewer more important preliminary inquiries in a premises liability case than determining who owns the underlying land where a plaintiff was injured. Most of the time this is a simple inquiry. But sometimes disagreements may occur concerning who the true owner of the land where the plaintiff was injured. For…
5/13/21
By: Phil Savrin and Alexia Roney In an appeal before the Supreme Court of Georgia involving two multi-million dollar judgments, the Georgia Defense Lawyers Association tapped FMG Attorneys Phil Savrin and Alexia Roney to author an amicus brief on the scope of foreseeability for injuries arising from the criminal conduct of an off-duty employee and…
4/28/21
By: Steven Grunberg Do you ever feel like your dedication to your job is questioned? For one employee of a garbage and recycling disposal company there is little doubt surrounding the answer to this question. In March 2018, Lorenzo Bucknor was driving an Advanced Disposal Services Atlanta, LLC (“ADS”) recycling truck when he arrived at…
4/2/21
By: Joshua Ferguson Maryland Court of Special Appeals discussed the emerging Reptile Theory approach favored by plaintiffs’ attorneys. Reptile Theory approach encourages jurors to favor personal safety and the protection of family and community above the law. Courts have previously ruled against similar tactics, such as the Golden Rule, as these arguments invite jurors to…