A REVIEW OF JOHNSON v. OYR REALTY PARTNERS, LP, 2015 U.S. Dist. LEXIS 160721

On November 30, 2015, the United States District Court for the Eastern District of Pennsylvania granted a motion for summary judgment to a series of Defendants in a negligence security claim under the basis that it was able to transfer the responsibility for maintenance, repair, replacement, and security to a Condominium Association. It was also … Continue reading “A REVIEW OF JOHNSON v. OYR REALTY PARTNERS, LP, 2015 U.S. Dist. LEXIS 160721”

Homeowners and Home Improvement Contractors: Know Your Rights and Obligations

Homeowners and Home Improvement Contractors: Know Your Rights and Obligations Anyone who has hired a contractor knows there are rules that must be followed, whether obtaining permits, a certificate of occupancy or Planning Board approval. Did you know there are laws that specifically protect rights of homeowners by requiring that home improvement contractors abide by … Continue reading “Homeowners and Home Improvement Contractors: Know Your Rights and Obligations”

SURVEILLANCE IS STILL A POWERFUL TOOL IN DEFENDING A CAUSE OF ACTION

On September 3, 2015, the Appellate Court reversed the law decision judge who required the production of surveillance video to plaintiff’s counsel before plaintiff testified at a deposition. The Court acknowledges that in overruling a Trial Court’s discovery decision, it must utilize a difficult abuse of discretion standard. Such was the case here when reviewing … Continue reading “SURVEILLANCE IS STILL A POWERFUL TOOL IN DEFENDING A CAUSE OF ACTION”

Appellate Division of NY Rejects Mosh Pit Injury Claim

Author: Carmelo (Tony) Torraca, Esq. Increasing numbers of lawsuits are filed by concertgoers claiming injury from either intended or unintended involvement in “mosh” dancing. The phenomena occurs at many concert venues where, because of the type of music, and sometimes at the request of the bands, moshing is expected to occur. While there are no … Continue reading “Appellate Division of NY Rejects Mosh Pit Injury Claim”

Expansion of Mall Duties to Third Party Criminal Acts

Date: 12/18/2014 Publication: Website CooperLevenson Publication: Website Summary: The Superior Court of Pennsylvania recently overturned a Court of Common Pleas ruling which had granted summary judgment in favor of the Steamtown Mall in a case involving an assault which occurred in the Mall’s parking lot. The claim was brought by Sharon Young, who was employed … Continue reading “Expansion of Mall Duties to Third Party Criminal Acts”

Insurance Law Podcast Discusses Third-Party Bad Faith Claims in New Jersey

A.M. Best has released the latest installment of the Insurance Law Podcast, a series that examines timely insurance issues from an attorney’s point of view. This episode features attorney Brian Barr from the law firm of Cooper Levenson, P.A. in Atlantic City, New Jersey. Mr. Barr, a partner in the firm’s defense litigation practice group, … Continue reading “Insurance Law Podcast Discusses Third-Party Bad Faith Claims in New Jersey”

New Jersey Appellate Division Rules Homeowners Association Immune From Tort Liability For Failure to Clear Snow and Ice

Date: 10/22/2014 CooperLevenson Publication: Article: Summary: Following an earlier New Jersey Supreme Court decision holding that a residential condominium association was immune from liability for claims involving the association’s alleged failure to maintain a public sidewalk located adjacent to the association’s property (Luchejko v. City of Hoboken), a New Jersey Appeals Court recently extended the … Continue reading “New Jersey Appellate Division Rules Homeowners Association Immune From Tort Liability For Failure to Clear Snow and Ice”

Who Was the General Contractor For This Residential Project?

On October 2, 2014, the Appellate Division of the New Jersey Superior Court issued an opinion on the issue of whether a husband and wife, as New Jersey property owners, were general contractors during the course of construction of a new home. [Michael Keefe v Center Street Builders, Inc] Lawrence and Wendy Wilt (“the Wilts”), … Continue reading “Who Was the General Contractor For This Residential Project?”

California Court Addresses Issue Of Attorney Website Content As Possibly Affecting The Trial

Date: 06/25/2014 Publication: Website CooperLevenson Publication: Website Summary: In the case of Steiner v. The Superior Court of Santa Barbara County, 3013 Cal. App. Lexis 957, (2013) the court was called upon to decide whether advertorial information posted on the website of one of the plaintiffs’ attorneys should be removed for the duration of the … Continue reading “California Court Addresses Issue Of Attorney Website Content As Possibly Affecting The Trial”

Faulty Workmanship Versus Defective Products In Construction Cases; Are They Covered By Insurance?

Date: 04/29/2014 Publication: CL White Paper CooperLevenson Publication: CL White Paper Summary: On December 3, 2013, a Pennsylvania Appellate Court revisited insurance coverage claims under Pennsylvania Law and determined that there could be an insurance covered “occurrence” in the construction setting perhaps loosening the previous case law precluding such coverage. Article: Carmelo Tony Torraca White … Continue reading “Faulty Workmanship Versus Defective Products In Construction Cases; Are They Covered By Insurance?”