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Argued November 26, 2001OPINION OF THE COURTIn this appeal, we decide that the defendant lawyers' decision to invoke federal case law, rather than a procedural rule, in persuading a district jud
Penn. Supreme Court Issues Landmark Ruling On Pollution Exclusion Provisions
The pollution-exclusion clause of a commercial liability insurance policy precludes coverage for injuries caused by a worker's exposure to fumes of a "useful product," the Pa. Supreme Court has decided. Pointing out that the issue has been a hot topic in insurance-coverage litigation, the court noted that there is a "wide divergence of viewpoints" across the country.Maisonave v. The Newark Bears, Gourmet Dining Services
While spectators at a baseball game reasonably may be expected to pay attention and to look out for their own safety, it is not only foreseeable, but inevitable, that at a concession stand they will be distracted from the action on the field and the risk of injury from flying objects will be increased significantly; the imposition of a duty on vendors is not only fair but reasonable, and summary judgment in favor of defendant is reversed.Magistrate Judge James C. Francis U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK David T. Maloof, Esq. Thomas M. Eagan, Esq. Maloof Browne &
Patients Given False Psychiatric Help Can Sue Doctor and Providers as Class
A Pennsylvania judge has greenlighted a class action by some 600 former patients of a psychiatrist who operated under a false medical license. The patients are suing fake psychiatrist David Tremoglie as well as several corporate entities associated with his practice. Claims of non-economic damages for negligence and personal injury or emotional distress claims were barred from the class action.The full case caption appears at the end of this opinion. FISHER, Circuit Judge: Carrington Estate Planning Services ("Carrington") appeals the district court's summary ad
District Judge William H. Pauley U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Counsel of Record: Counsel for Plaintiffs: David T. Maloof, Esq.
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