To Shovel or Not to Shovel: New Jersey Appellate Court Revamps the “Ongoing Snowstorm” Rule for Commercial Landowners
9/24/20
By: Ashley Hobson
New Jersey Courts have long recognized an “ongoing snow-storm” rule. The rule relieves commercial landowners from liability when an injury occurs on their property while there is an active weather event such as snow or sleet. The …
COVID-EO JURY TRIALS – Challenges Imposed By Virtual Jury Trials During COVID-19 And Alternatives To Best Serve The Interests Of The Client
9/22/20
By: Stacey Bavafa
In March of 2020, the United States judicial court system experienced an unprecedented disruption when most courts decided to close their doors and suspend jury trials due to the COVID-19 pandemic. Now, approximately 6 months into the …
Federal Court Considers Jurisdiction Over Japanese Autonomous Auto Accident
9/18/20
By: Wes Jackson
On September 8, 2020, a federal court in California heard arguments as to whether it will exercise jurisdiction over a wrongful death lawsuit against Tesla. While the case presents an interesting forum non conveniens issue, it is …
Changes in the Landscape of Civil Litigation in the COVID-19 Era
9/17/20
By: Christopher Lee
As economic and social norms have been drastically altered over the course of these last several months in the COVID-19 era, so too has the effect been on civil litigants on both sides and the considerations being …
Plaintiffs Dogged by the “Coming and Going” Rule
9/16/20
By: Jennifer Weatherup
In a June 2020 decision, a California court upheld a defendant hospital’s motion for summary judgment, finding that the “coming and going” rule precluded liability for an automobile accident involving a volunteer pet therapist, and further finding …
Can I get an Extra Hot Mint Tea in a Venti Cup, but Only Filled Halfway?
9/15/20
By: Parisa Saleki
Starbucks. The major corporation is more than just a coffee shop – for many, it is a way of life. Yet, not even Starbucks is safe from lawsuits. The California Court of Appeal, Second Appellate District, recently …
Preparing for Kick-Off…and Litigation?
9/15/20
By: Curt Graham
As universities across the country prepare to kick off this highly unusual college football season, the impact of COVID-19 and the safety of student athletes are predominant considerations. Additionally, colleges have been required to examine the legal …
Suffering A Fall While The Snow Falls – New Jersey No Longer Applies “Ongoing-Storm” Rule As A Defense To Slip And Fall Claims Involving Snow & Ice
9/11/20
By: Stacey Bavafa and Michelle Yee
In Pareja v. Princeton International Properties, __ A.3d__ (N.J. Super. App. Div. April 9, 2020), the Appellate Division of the New Jersey Superior Court reversed a summary judgment decision in favor of a …
Massachusetts Appeals Court Holds Internet Postings Are Subject to the Single Publication Rule
9/11/20
By: William Gildea
The Massachusetts Appeals Court recently decided a case that could have broad implications for online publishers facing defamation suits. The Massachusetts Appeals Court held that in an action for defamation founded on purported defamatory statements on a newspaper’s …
Maryland: The Latest to Abandon Frye Standard for Expert Admissibility
9/10/20
By: Brittany Kurtz and Joshua Ferguson
The Maryland Court of Appeals closed out the summer with a big splash. In Rochkind v. Stevenson II, the Court left the dwindling number of Frye v. United States, 293 F. 1013 (D.C. Cir. …
SAFE TO WORK ACT: The HEALS Act’s Tort Immunity Provision
9/9/20
By: Tia Combs
In the slew of hotly debated topics for provisions to be included within upcoming COVID-19 relief legislation, chambers of commerce and Republicans in Congress have consistently pushed for liability protections for businesses, health care providers, and schools …
One Verdict Does Not Make a Trend. Will Virtual Trials Take the Personal Out of the Personal Injury Jury Trial?
9/9/20
By: David Molinari
Courtroom mastery, compelling examination of witnesses and arguments focused on the emotional aspect of the particular consequences of injury; or the significance and effect of the jury’s finding on the question of liability are all being re-examined …