In State Farm Fire Casualty Company v. Brownstones Coffee, Inc., et al., the Second Department of the New York Appellate Division held that insurers cannot contradict positions previously taken by their insureds in related litigation, reinforcing the importance of...
In Hood v. Kindred Hospital, the trial court issued a decision dismissing a plaintiff’s case for non-compliance with New Jersey’s affidavit of merit (“AOM”) statute, relying on Hargett v. Hamilton Park for the proposition that an AOM referring generally to the...
The Second Circuit in Ziparo v. CSX Transportation revived a retaliation lawsuit under the FRSA, finding that the trial court should have applied the lenient “contributing-factor” causation standard that the Supreme Court applied in Murray v. UBS Securities, a...
In Hood v. Kindred Hospital, the trial court issued a decision dismissing a plaintiff’s case for non-compliance with New Jersey’s affidavit of merit (“AOM”) statute, relying on Hargett v. Hamilton Park for the proposition that an AOM referring generally to the...
In Poling v. Atlantic Mobile Health, the New Jersey Appellate Division affirmed that an expert report is required to prove a negligence claim arising from the professional care of an emergency responder. The case arose from a March 23, 2019 emergency transport of the...
