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7 Jul 2017, 12:45 am
Offshore Logistical and Transport, LLC The post Fifth Circuit Vacates Summary Judgment and Allows Consideration of Plaintiff’s Expert appeared first on MBLB. [read post]
11 Dec 2018, 10:48 am
In a recent product liability case, the court discussed how a plaintiff’s incorrect use of the product that caused their injury can defeat a plaintiff’s claim. [read post]
5 Jan 2010, 3:05 am
Supreme Court erred in denying plaintiff's motion seeking partial summary judgment on the first cause of action against defendants insofar as it is based upon the loss of a viable Labor Law 240 (1) claim in the underlying action. [read post]
15 Sep 2015, 9:48 am
I think she’s hinting she knows this might later be a problem if the Plaintiff doesn’t move to amend their complaint and, more importantly, it could be a standing at inception issue. [read post]
2 Jul 2020, 5:00 am
The court noted that, under Pennsylvania law, to recover in a design defect case, Plaintiff must prove that the product was defective, that the defect was the cause of the Plaintiff’s injuries, and that the defect existed at the time it left the manufacturer’s control. [read post]
28 Feb 2019, 1:55 pm
The plaintiff did not respond to the defendant’s expert’s affirmation with an expert affirmation of her own in rebuttal. [read post]
23 Feb 2022, 6:51 am
As I write in this blog post, the district court granted summary judgment on this claim but the Court of Appeals reinstated it, finding that, despite the supervisor's concerns about plaintiff's job performance, the fact that the supervisor told plaintiff she had to "deal with" a coworker's racial comments allows the jury to find that racial discrimination motivated the demotion. [read post]
4 Oct 2015, 6:12 am
In Smith, the court noted the existence of the following circumstantial evidence of the plaintiff’s lead-paint exposure: chipping and peeling paint inside the property, the plaintiff’s ingestion of paint chips, the age of the property, the plaintiff’s elevated blood-lead levels during and after living in the property, the fact that the majority of the plaintiff’s time was spent in the property, and… [read post]
26 Jul 2017, 7:58 am
Causation requires that the plaintiff present either direct or circumstantial evidence showing that (1) the defendant’s property was a source of the plaintiff’s lead exposure, (2) the exposure contributed to the plaintiff’s elevated blood lead levels, and (3) the plaintiff’s elevated blood lead levels substantially contributed to the injuries allegedly suffered by the plaintiff. [read post]
3 Apr 2015, 5:20 am
The defect arose from a dispute over the plaintiff’s decision to substitute one expert witness for another. [read post]
17 Oct 2014, 9:53 pm
The collateral evidence rule would have bound defense counsel to Plaintiff's answers without being able to refute those answers with extrinsic evidence. [read post]
11 Jul 2022, 7:40 am
Partner Nina Pirrotti and her extraordinary client traveled to San Francisco so that her client could receive the National Employment Lawyers Association (NELA)’s highest honor, Courageous Plaintiff, at NELA’s annual conference. [read post]
24 Jul 2013, 5:23 am
This case was before the court on plaintiff’s motion for summary judgment. [read post]
7 Apr 2015, 3:25 am
” The Court accordingly affirmed the trial court’s grant of summary judgment for plaintiff, as well as its finding on damages. [read post]
Slip-and-Fall Plaintiff’s Case Dismissed for Failure to Establish the Defendant Knew about Wet Floor
9 Aug 2017, 9:20 am
The plaintiff attempted to prove the defendant’s knowledge through circumstantial evidence of constructive knowledge. [read post]
4 May 2018, 7:58 am
Here, the court affirmed the trial court’s dismissal of the plaintiff’s lawsuit, finding that the plaintiff did not provide sufficient notice of the location of her injury. [read post]
15 Aug 2017, 8:45 am
Appellate Court Determines Slip-and-Fall Plaintiff’s Case Should Have Been Presented to the Jury, Maryland Accident Law Blog, July 10, 2017. [read post]
28 Sep 2009, 8:16 am
Beech Ridge Energy, which previews for the Court arguments Plaintiffs will advance at trial regarding the “take” of Indiana bats as a result of the Beech Ridge industrial wind project’s construction and long-term operation. [read post]
17 Jul 2014, 10:00 pm
., Pennsylvania Magistrate Judge Karoline Mehalchick used the Zubulake seven factor test to rule that the costs for restoring and searching the plaintiff's emails should be shared, up to a maximum contribution by $1,500 by the plaintiff. [read post]
16 Nov 2022, 5:40 am
The trial court subsequently granted the defendant’s motion and dismissed the plaintiff’s entire suit with prejudice based on the exculpatory clause. [read post]
