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Qualified Immunity For Police

Accountability for police officers has drawn special scrutiny after last summer’s protests. Negotiations in Congress over a sweeping police reform bill in honor of George Floyd are now stalled over whether to eliminate qualified immunity. H.R.7120 – 116th Congress (2019-2020): George Floyd Justice in Policing Act of 2020 | Congress.gov | Library of Congress

Qualified immunity provides…

Don’t Exclude These Arguments – Part 2

Gallagher has opened a new line of attack against both household and regular use exclusions. Our goal as trial lawyers is to extend Gallagher to new sets of facts.

Let’s consider a teen driver who lives with her parents. The excited teen gets her first car, but her parents, unexcitedly, decide not to put her car on their policy. She purchases a bare minimum policy and rejects UM/UIM. After…

Don’t Exclude These Arguments

We all know the sinking feeling of receiving a letter from an insurer disclaiming coverage based on a policy exclusion. This article addresses how to fight back against two of the biggest culprits, the household exclusion and the regular use exclusion. We focus on the client who is riding in a vehicle (the “host vehicle”) and seeks UM/UIM coverage from a household policy. It’s…

The Insurance Exclusion Twilight Zone

You’re a pizza delivery person, delivering pepperonis in your personal vehicle. You glance down to check a text (huge mistake) when suddenly, you clip the back heel of a jogger crossing at a crosswalk. You have just entered a fifth dimension, a bizarre, unexplainable dimension not only of sight and sound but of mind; a journey into a wondrous land whose boundaries are that of imagination.

Suing Over COVID-19

Politicians debate granting legal immunity to businesses where COVID-19 spreads. In the absence of statutory immunity, a business is liable for damages it causes through its negligence. That is a very low standard of care. It means if there is carelessness, there is liability. Certainly, if the business owner knowingly allows an infected person to come back to work, and that person infects…

Real Property Exception Gets a Boost

Real Property Exception Gets a Boost

The Pennsylvania Supreme Court, in Brewington v. City of Philadelphia, clarified and gave a boost to the real property exception to governmental immunity. The Court upheld the Commonwealth Court’s reversal of a grant of summary judgment in a case involving the absence of padding in a school gymnasium. A student ran into the wall during a relay rac…

Supreme Court Expands LGBTQ Rights

You may be wondering why Neil Gorsuch, a Conservative Supreme Court justice, wrote the majority opinion in this week’s landmark ruling for LGBTQ rights. The Supreme Court has rules that dictate which justice writes for the majority. The most senior justice voting in the majority makes the assignment, and can assign the responsibility to him- or herself. If the chief justice (Justice Roberts)…

Novel Virus Leads to Novel Tsunami of Litigation

Novel Virus Leads to Novel Tsunami of Litigation

COVID-related losses have spawned a wave of litigation as consumers and injured parties seek compensation for their damages. Among the most frequent claims are consumer class actions against:

1. Gyms and sporting clubs that continue charging monthly dues and membership fees even though their doors are closed, and

2. Ski and other resorts…

Coronavirus and Injury Litigation

The COVID-19 pandemic is creating big problems for just about everyone. As a personal injury lawyer, I am thinking about you, my client. We all need to be prepared for cancelled medical appointments and more. Your physical therapy regimens are probably going to be suspended for weeks if not months. And, of course, there’s no pause button for your injuries or your pain. I will be suggesting…

Coronavirus and Litigation

We all need to be prepared for cancelled medical appointments. As a personal injury lawyer, I am thinking about how to advise my clients. My clients’ physical therapy regimens are probably going to be suspended for weeks if not months. I will be suggesting alternative home-based therapy for my clients.

If you are currently getting physical therapy, please speak to your doctor or therapist…

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