11/29/23
The Statute of Repose is a viable defense in cases dealing with construction defects in Pennsylvania. It limits the liability of builders for defects by barring suits filed 12 years from the date construction is completed. …
Category: Tort and Catastrophic Loss
Understanding CMS regulations: navigating Medicare secondary payer reporting requirements
10/30/23
The Centers for Medicare & Medicaid Services (CMS) have finalized regulations that shed light on how it will handle civil money penalties for violations of the Medicare Secondary Payer (MSP) reporting requirements. The new rule applies to …
Slippery Conditions in Pennsylvania Defense Slip and Fall Negligence Case
9/27/23
By: Nicholas Hubner
In a recent ruling this month, the Superior Court of Pennsylvania affirmed summary judgment in favor of the defense in a slip and fall case involving “generally slippery” conditions. Plaintiff filed suit against the defendant property owner …
Supreme Court of Georgia affirms decision that cap on punitive damages is constitutional
9/26/23
By: Michelle Yee and Sean R. Riley
In a recent decision, Taylor v. Devereux Found., Inc., 316 Ga. 44, 92, 885 S.E.2d 671, 707 (2023), the Supreme Court of Georgia ruled that a statutory cap on punitive damages did …
Nuclear Verdict Largest Ever in the State of Ohio
9/7/23
By: Doug Holthus and Ashley Hetzel
A Columbus, Ohio family was recently awarded $787M by a federal trial court jury following the death of the family’s 2-year-old son in 2018.
On May 22, 2018, the 2-year-old was playing with his …
Penn Medicine Challenging Largest PA Med Mal Claim Verdict
8/30/23
A Philadelphia County recently awarded a $182.7 MM verdict, including $80 MM in pain and suffering damages, against the Hospital of the University of Pennsylvania, known as Penn Medicine. While larger medical malpractice jury verdicts are …
8/30/23
By: Erin E. Lamb
The Pennsylvania Supreme Court has rejected an attempt to upend long-standing Pennsylvania and common law by declining to extend liability for service of alcohol to visibly intoxication people to any person. The argument made by …
Back-to-school driving cautionary tips from a lawyer’s perspective
8/28/23
With Fulton and DeKalb County schools beginning classes August 7, 2023, all major Atlanta Metro school districts are back in session for the 2023-24 school year. While we are glad that our students are back in …
In New Jersey, A Recall Notice Alone Is Insufficient to Trigger Lemon Law Claims
8/16/23
In a recent case of first impression, the New Jersey Appellate Division held in the published decision of Alvin Singer v. Toyota Motor Sales, U.S.A., Inc., d/b/a Lexus, 2023 WL 4278764 that a motor vehicle recall …
Punitive damages are now permitted to be sought in Illinois wrongful death and survival actions
8/14/23
By: Jonathan Schwartz, Kingshuk K. Roy, and Donald Patrick Eckler
On August 11, 2023, Governor Pritzker signed HB 219, which amended 740 ILCS 180/1, 740 ILCS 180/2, and 755 ILCS 5/27-6, to allow punitive damages to be recoverable …
8/10/23
By: Kevin G. Kenneally and David M. Harding
The EPA is currently seeking public comment on a proposed rule to expand the hazardous substances designation to certain per- and polyfluoroalkyl substances (PFAS) under the Comprehensive Environmental Response, Compensation, and Liability …
Georgia Supreme Court Issues an Important Decision on Negligent Security Claims
7/7/23
On June 29, 2023, the Supreme Court of Georgia issued its much-anticipated decision in Georgia CVS Pharmacy, LLC v. Carmichael on the liability of proprietors and security contractors for personal injuries that arise out of third-party criminal conduct. Although the …