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As we approach the one-year anniversary of the New Jersey Statewide “shutdown” due to COVID-19, it is worth assessing how the New Jersey Courts adapted. Apart from jury trials, the New Jersey courts barely missed a beat keeping litigation in step. With little lag time required to figure out the technical aspects, the courts promptly switched to virtual hearings on discovery motions, substantive motions, […]

The Supreme Court heard two cases involving Ford Motor Company during its October 2020 term and issued a ruling on these cases on March 25, 2021. Ford Motor Co. v. Mont. Eighth Jud. Dist. Ct., 589 U.S. ____ (2020).  In each, the State’s highest court held that it had personal jurisdiction over Ford Motor Company in a products-liability lawsuit stemming from a car accident. […]

Florida Supreme Court Adopts Federal Summary Judgment Standard On December 31, 2020, the Florida Supreme Court decided to scrap the established state law standard for summary judgment in favor of adopting the more lenient federal standard articulated by the United States Supreme Court in the trilogy of cases of Celotex Corp. v. Catrett, 477 U.S. 317 (1986), Anderson v. Liberty Lobby, Inc., 477 U.S. […]

JURISDICTION FOR MEDICAL PROVIDER CLAIMS IN THE NEW JERSEY WORKER’S COMPENSATION DIVISION MAY BE IMPACTED BY JURISDICTION FOR THE UNDERLYING  CLAIM By:  James Backenson In 2012, the Legislature in New Jersey gave medical providers the opportunity to file claims for payment of services rendered to employees who suffer a compensable injury under the Worker’s Compensation Act (N.J.S.A. 15:34-1 et .seq.).  In doing so, the […]

NJ Presumes Workers Compensation  Coverage for Essential Workers Who Contract COVID-19 By:  Matthew Harris, Esq. Governor Phil Murphy signed law that immediately went into effect on September 14, 2020 that created a rebuttable presumption that, absent demonstrable proof to the contrary, “essential” workers who contract COVID-19 at work will be entitled to workers compensation coverage and benefits for their illness.  Notably, the law is […]

Maryland’s Highest Court Overrules Frye-Reed, Officially welcoming the era of Daubert By Saad Malik, Esquire On August 28, 2020, the Maryland Court of Appeals voted 4-3 to officially adopt Daubert as the standard by which courts admit or exclude expert testimony, abandoning the previously standing Frye-Reed test.  See Rochkind v. Stevenson, Case No. 47, September 2019 Term (Aug. 28, 2020).  In 1978, Maryland Courts […]

STATUS OF PHILADELPHIA COURT SYSTEM IN RESPONSE TO COVID-19 PANDEMIC By, Steven Cherry PHILADELPHIA, PA , September 08, 2020 —  For those of you who may be interested in how the Philadelphia Court System has been responding to the Covid-19 Pandemic, here is the current status of civil operations as of September 2020: On March 16, 2020, the Pennsylvania Supreme Court declared a Statewide […]

GOING TO SCHOOL ON THE EXPANDED FMLA AND FFCRA By: Brad Shafer We hoped it would be over by now, but it is not.  The same COVID-19 pandemic that wreaked havoc with the end of the 2019-2020 school year and summer day camp is still here.  Now, the fall semester of the 2020-2021 school year is upon us and schools are still trying to […]

Western District of Missouri Court Gives Potential Life to COVID-19 Business Interruption Claims By: Jason G. Wehrle, Esq. Throughout the country a myriad of lawsuits have been filed by businesses against their insurers seeking business interruption coverage in connection with shutdowns caused by the COVID-19 pandemic. While the suits involve different parties and venues, one common thread is the lawsuits involves the question of […]

Maryland’s Highest Court Upholds Trial Court’s Decision to Give Spoliation Jury Instruction By:  Ashley Friedman, Esquire (August 25, 2020) In its July 27, 2020 opinion in Steamfitters Local Union No. 602 v. Erie Ins. Exch.. and Steamfitters Local Union No. 602 v. Cincinatti Ins. Co., Maryland’s highest court upheld the trial court’s decision to give a spoliation jury instruction. The case stemmed from an […]