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April 01, 2022

eNotes: Liability – April 2022 – New Jersey

SIGNIFICANT CASE SUMMARY NJ CASE SUMMARY Jeter v. Sam’s Club New Jersey Supreme Court No. A-2-21 085880, ___ N.J. ___ Decided: March 17, 2022 The NJ Supreme Court holds the “mode of operation” rule inapplicable in a slip and fall case, where Plaintiff alleged grapes on the floor had caused her fall, because the Defendant… read more

April 01, 2022

eNotes: Liability – April 2022- Washington, D.C.

SIGNIFICANT CASE SUMMARY DC CASE SUMMARY Whiteru v. Wash. Metro. Area Transit Auth. United States Court of Appeals for the District of Columbia Circuit 25 F.4th 1053 Decided: February 11, 2022 Metro Authority is denied summary judgment in wrongful death case where, as a common carrier, it can be liable if it knew, or had… read more

April 01, 2022

eNotes: Liability – April 2022 – Virginia

SIGNIFICANT CASE SUMMARY VA CASE SUMMARY California Condo. Ass’n v. Peterson Virginia Supreme Court No. 201349 Decided: March 17, 2022 Virginia Supreme Court clarifies standard for evidence in plea in bar hearing. Background Joel Steely Peterson, Jr. and his former wife owned several condominium units managed by the California Condominium Association (“the Association”). In 2006,… read more

March 25, 2022

TT&H Attorney Burke McLemore Secures Win, Proves Lack of Insurance Coverage

TT&H Attorney Burke McLemore recently secured a win against a claim that workers’ compensation coverage was afforded by reason of ‘promissory estoppel.’ The case involved a seriously injured claimant who was employed by the erstwhile ‘insured.’ A policy had previously been issued to the insured, but the insured had not renewed the policy. The case… read more

March 21, 2022

eNotes: Workers’ Compensation – March 2022 – Pennsylvania

SIGNIFICANT CASE SUMMARIES PA CASE SUMMARIES Geisinger Wyoming Valley Medical Center v. Colleen Drozda (WCAB) Commonwealth Court of Pennsylvania No. 427 C.D. 2021 Decided: February 28, 2022 Even in the absence of medical testimony, a claimant can establish the work-relatedness of a cervical herniation based on obviousness. Background Claimant was assisting a patient when the… read more

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