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Category: Client Resources


Client Resources | 1 Nov 2019 | by

By Lawrence Kelly, Esq. Although the general issue of spoliation of evidence and its ramifications have been established in Pennsylvania jurisprudence for years, a recent appellate court decision has applied these principles to the amount of day-of-accident video surveillance to be retained. In Marshall v. Brown’s IA, LLC (“Shop Rite”)i the Pennsylvania Superior Court vacated a defense verdict in favor of the operator of […]

Jennings Hart, recently secured a victory in binding arbitration for a luxury car dealership.

Client Resources | 11 Sep 2019 | by

Jennings Hart, Senior Litigation Counsel at the firms Western Pennsylvania office, recently secured a victory in binding arbitration for a luxury car dealership. The plaintiff, a seasoned local attorney himself, asserted claims sounding in breach of warranty and violations of the consumer protection laws of Tennessee where he had leased the vehicle. Based on provisions in the lease agreement the arbitration was held in Pittsburgh.

Update on New Jersey Supreme Court’s Decision in Haines v. Taft

Client Resources | 14 Aug 2019 | by

In our April 2, 2019 article, “New Jersey Supreme Court Rules Claimant Cannot Recover Economic Loss For Difference in Coverage When Electing Lower PIP Coverage,” we reported on the New Jersey Supreme Court’s March 26, 2019 ruling in Haines v. Taft, 237 NJ 271, that plaintiffs were barred from recovering against a tortfeasor the amount of unpaid medical bills in excess of their PIP […]

New Jersey’s Work-Product Doctrine

Client Resources | 1 Jul 2019 | by

There is no Presumptive Rule that Materials Collected Prior to the Commencement of Litigation are Not Protected by New Jersey’s Work Product Doctrine The New Jersey Appellate Division recently held in the matter of Paladino v. Auletto Enter., Inc. (No. A-0232-18T1, June 6, 2019) that there is no per se rule that materials collected before the commencement of litigation are not prepared in anticipation […]

A Common Carrier’s Duty to Its Passengers Under New Jersey Law

Client Resources | 1 May 2019 | by

In New Jersey, a common carrier is a bus, train, taxicab, and/or other vehicle similarly engaged in public transportation.  When determining whether a common carrier is negligent, the standard is higher than the typical negligence standard in New Jersey.  Generally, negligence is found when a party has failed to exercise the degree of care for the safety of others which a person of ordinary […]

NJ Supreme Court Rules Claimant Cannot Recover Economic Loss for Difference in Coverage When Electing Lower PIP Threshold

Client Resources | 2 Apr 2019 | by

The New Jersey Supreme Court in the matter of Joshua Haines v. Jacob W. Taft (A-13/14-17) (079600, March 26, 2019) decided that a plaintiff in a motor vehicle suit with the limited $15,000 PIP election on their auto policy cannot seek economic loss for the difference between their limited $15,000 PIP coverage and the amount of their excess/unpaid medical bills totaled up to the […]

New Jersey Supreme Court Allows Apportioning Negligence Liability to Phantom Defendants in Motor Vehicle Accidents

Client Resources | 17 Apr 2018 | by

The New Jersey Supreme Court recently clarified that liability under the Comparative Negligence Act (“CNA”) can be apportioned to “phantom defendants,” those whom are known to have been involved in the accident but are unidentified. Krzylakski Decision In Krzylakski v. Tindall No. A-55-16 (N.J. April 17, 2018) Plaintiff Mark Kryzykalski was driving a car in the left lane of a road in Florence Township, New Jersey. Defendant […]

The Use of Biomechanical Engineers at Trial

Client Resources | 27 Mar 2018 | by

Biomechanical engineers are often used in motor vehicle accident cases to determine whether the forces generated in an accident were sufficient to cause the injuries allegedly sustained by a plaintiff. The information can establish the motion that the plaintiff made and whether that motion caused the plaintiff to impact the interior of the vehicle or move in a way that will exceed natural physiological […]

Current Laws in New York Regarding Piercing the Corporate Veil

Client Resources | 22 Mar 2018 | by

Determining When a Business has Pierced the Veil As most professionals in the legal and insurance fields are aware, the law permits a business to incorporate for the purpose of permitting the business owner to escape personal liability as long as there is no co-mingling of funds and/or the privilege of the separation is not abused so as to permit the piercing of the corporate […]