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New York Law Journal

Common Law Liability at Construction Sites and the 'Launching a Force' Test

"The 'Espinal' court never gave any reason why its three-prong test was better, fairer or more logical than the Restatement formulation," writes Brian J. Shoot.
22 minute read

New Jersey Law Journal

Cracked Sidewalk? Supreme Court Rules Abutting Property Owner Is Liable

"When the Legislature ... fails to provide guidance to property owners and innocent injured parties, it is the responsibility of the courts to do so," writes former Superior Court Judge Louis F. Locascio.
7 minute read

Daily Report Online

$11M Sting: Litigator Uses Global Demand to Settle Deadly Wasp Infestation

"We sent a global settlement demand to all three insurance companies with polices covering this loss," plaintiff counsel Ben F. Windham of Windham Law in Atlanta told the Daily Report.
7 minute read

The Legal Intelligencer

Mail Carrier Injured Shoulder After Decayed Tree Fell on Vehicle

On June 3, 2020, plaintiff Ami Nawrocki, 54, a mail carrier, was driving on Woodstock Road in Villanova during a major storm. A large pine tree fell onto her work vehicle. Nawrocki claimed a shoulder injury.
4 minute read

Daily Report Online

$5M Settlement: Lawyers Circumvent Qualified Immunity for Client with 'No Memory'

"Taking necessary depositions and calling out the discrepancies in the deputies' statements helped to progress the case," said Cash Krugler Fredericks partner Lisa McNary.
8 minute read

Daily Report Online

Judge Sides With Insurer's Indemnity Challenge for Atlanta Property Manager in Underlying Wrongful-Death Case

"A lawyer would not ethically be able to invoke the apportionment statute because it would result in an argument to the jury that their other client is responsible, thereby creating a 'significant risk' that the lawyer's duties to one party would materially and adversely affect representation of the other," wrote U.S. District Judge Marc T. Treadwell for the Middle District of Georgia.
4 minute read

Daily Report Online

30 Depositions, $15M Settlement: Litigators Outline Their Strategy

"After nearly 30 depositions and three separate defense firms cycling through the case, we were finally able to get the case resolved for an amount that honored the impact of the assault on two innocent women's lives," said plaintiff counsel Andrew T. Rogers of Deitch + Rogers in Atlanta.
6 minute read

The Legal Intelligencer

CNA Forced to Quit Job Due to Ankle Injuries, Lawsuit Claimed

On July 17, 2020, plaintiff Seneathia Holland, 31, a certified nursing assistant, fell down a flight of steps at Meadowview Rehabilitation Center. She claimed ankle and head injuries.
4 minute read

Daily Report Online

Federal Judge Finds Insurer Obligated to Defend Apartment Complex Following Fatal Fire

"Judge May's order denying summary judgment represents an accurate application of the law. The order not only follows legal precedent but also provides a clear and reasonable interpretation of the insurance policy and exclusions that Kinsale drafted," said Jeff Shiver of Shiver Hamilton Campbell.
4 minute read

Law.com

Negligence, Premises Liability Claims Against Menards Up to a Jury to Decide, Federal Judge Rules

"There is thus less circumstantial evidence in the record for the court to conclude, as a matter of law, that a reasonable person would indisputably appreciate the risk posed by the door aisle," wrote U.S. District Judge Nancy L. Maldonado.
4 minute read

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