First Circuit Court of Appeals Weighs in on ADA “Tester” Standing Split
10/31/22
By: Alexandra Held and Jennifer Markowski
A panel for the First Circuit Court of Appeals ruled, in Laufer v. Acheson Hotels, LLC, 50 F.4th 259 (1st Cir. 2022), that a “tester plaintiff” has standing under Article III of the U.S. …
Outbreak!: Why insurance claims professionals should pay attention to Monkeypox
9/22/22
By: Glenn Klinger
Monkeypox was declared a national public health emergency by the U.S. Department of Health and Human Services on August 4, 2022, only the fifth time this has happened since 2009. As of September 20, 2022, the Centers …
Down It Goes! Illinois Prejudgment Interest Struck Down – What To Do Now
5/31/22
By: Jonathan Schwartz and Patrick Eckler
Judge Marcia Maras of the Circuit Court of Cook County struck down as violative of the Illinois state constitution, PA 102-0006, which permits prejudgment interest in personal injury and wrongful death cases. This ruling …
Important recent decision regarding personal jurisdiction over foreign corporations
1/24/22
By: Sean Phelan
In the recent Philadelphia County Court of Common Pleas matter, Knox v. Seven Seas Cruises, No. 525, August Term 2020 (C.P. Phila. Co. Aug. 21, 2021 New, J.), the trial court issued a Rule 1925 Opinion requesting …
11/19/21
By: Marc J. Shrake and Mary-Kate Planchet
In the first COVID-19 Business Interruption case to reach the appellate level in California, the court used long-standing insurance principles to resolve the first-impression issue, finding against coverage.
The decision in The Inns …
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. …
Nursing Homes at Highest Risk, States Respond
4/1/20
States across the country are taking every measure possible to fight the spreading deadly COVID-19. One of the most at-risk groups are the elderly, especially those with lengthy lists of other health problems. In those instances …
Federal Government Issues New CMS Guidance To Protect Nursing Home Residents From COVID-19
3/30/20
By: Kevin G. Kenneally, Michael P. Giunta and William E. Gildea
Nursing home and skilled nursing facilities have been particularly hard hit by the COVID-19 virus. The resident populations are uniquely vulnerable and outbreaks in facilities nationwide have sparked …
A Dog Walks Into a Bar with its Owner: Service Animals Welcome Accessories Please Leave at the Door
10/9/19
By: David Molinari
The Americans with Disabilities Act (ADA) provides people with disabilities equal access to employment, state and local government programs and goods and services. Businesses open to the public including hospitality venues must comply with the ADA and …
Connecticut Governor Signs Anti-Indemnity Law for Snow and Ice Management Contracts
7/23/19
By: Marc Finkel
Connecticut recently became the third state, joining Illinois and Colorado, to pass legislation prohibiting certain indemnity and hold harmless clauses within snow and ice management services contracts. An Act Concerning Snow and Ice Control Services Contracts (“the …
Colorado Limits Risk Transfer for Snow and Ice Management Services
6/13/18
By: Josh Ferguson
Colorado becomes the second state to recently pass an anti-indemnity bill regarding snow and ice management service contracts. The Snow Removal Service Liability Limitation Act has passed in Colorado and been signed into law by the Governor. …
A House of Cards: Stacking Inferences to Prove Liability
5/10/18
By: Melissa Santalone
A Florida appellate court recently reaffirmed Florida’s state law prohibition against stacking inferences in personal injury cases with a reversal of a $1.5 million verdict in a slip-and-fall case against Publix. In Publix Super Markets, Inc. v. …