News

NEW JERSEY CASE SUMMARIES Labega v. Joshi New Jersey Superior Court, Appellate Division No. A-3402-20, ___ N.J. Super. ___ Decided: February 3, 2022 With regard to certain negligence per se and breach of contract claims in medical malpractice cases, the Superior Court of New Jersey, Appellate Division has held that these theories of recovery are… read more

MARYLAND CASE SUMMARY Westfield Ins. Co. v. Gilliam Maryland Court of Appeals 2022 Md. LEXIS 54 (reported) Decided: February 8, 2022 The Maryland Court of Appeals holds that the difference between a higher amount billed by a healthcare provider and the amount actually paid by a worker’s compensation insurer is not a part of the… read more

PENNSYLVANIA CASE SUMMARIES Lageman v. Zepp Pennsylvania Supreme Court No. 21 MAP 2021 Decided: December 22, 2021 The legal doctrine of res ipsa loquitor, “the thing speaks for itself,” is available in medical malpractice actions even when direct evidence is presented to support a claim for traditional negligence. Background In this medical malpractice action, Plaintiff… read more

FEDERAL CASE SUMMARIES Mears v. Connolly United States Third Circuit Court of Appeals No. 21-1148, ___ F.4th ____ Decided: February 3, 2022 Nurse assigned to supervise visit at state psychiatric hospital who failed to protect visitor from violent actions of psychiatric patient is not immune from suit under the New Jersey’s Tort Claims Act Background… read more

CLIENT ADVISORY NJ CLIENT ADVISORY New Insurance Fair Conduct Act – Bad Faith Exposure in UM/UIM Claims Handling The New Jersey Legislature passed a bill that will reshape insurance bad faith litigation in New Jersey. On January 18, 2022, Governor Murphy signed the bill into law and the same went into effect immediately. This new… read more