• Kenyon v. Elephant Insurance

    Publication Date: 2020-05-18
    Practice Area: Civil Appeals | Evidence | Insurance Litigation
    Industry:
    Court: Court of Appeals
    Judge: Justice Chapa
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 04-18-00131-CV

    This permissive appeal arose from a wrongful death and survival action involving Theodore Kenyon, who died in the second of two successive car accidents.

  • Meyers v. 8007 Burnet Holdings

    Publication Date: 2020-02-03
    Practice Area: Civil Appeals | Damages | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Justice Alley
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 08-19-00108-CV

    In this statutory nuisance case, appellant, Lawrence Meyers, as manager of the Ramon Burstyn Irrevocable Trust, argued that (1) the trial court erroneously charged the jury on the statutory nuisance claim; (2) the jury, and not the trial court should determine the amount of attorneys' fees for the prevailing party; (3) the jury's failure to find a statutory nuisance was against the great weight and preponderance of the evidence; and (4) the Trust established a breach of the statutory nuisance claim as a matter of law.

  • Cenac v. Orkin LLC

    Publication Date: 2019-11-04
    Practice Area: Civil Appeals | Contractual Disputes | Evidence
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Davis
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-31121

    Appellants challenged the district court's summary-judgment dismissal of their claims, arguing that there were genuine issues of material fact as to whether Orkin was contractually obligated to pay for the cost of repairing the termite damage to their home.

  • New York Law Journal | Analysis

    Punitive Damages for Destroying Records

    August 5, 2019

    Without question, the most effective deterrence to the destruction or alteration of medical records in an effort to evade liability for medical malpractice liability is the potential for a punitive damages award to be imposed against the offending party. In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier discuss a decision in which the Second Department upheld such an award for that precise misconduct.

  • Long Beach Road Holdings LLC v. Foremost Ins. Co.

    Publication Date: 2019-05-31
    Practice Area: Evidence | Insurance Litigation
    Industry: Insurance
    Court: U.S. District Court for the Eastern District of New York, U.S. - EDNY
    Judge: District Judge Arthur Spatt
    Attorneys: For plaintiff: Co-Counsel for the Plaintiff: By: Michael John Khader, Esq., Michael J. Khader P.C., Yonkers, NY.
    for defendant: Co-Counsel for the Plaintiff: By: Michael James Mauro, Esq., of Counsel, The Law Offices of Michael J. Mauro, Esq., P.C., New Rochelle, NY. Attorneys for the Defendant: By: Michael Raymond Frittola, Esq., Ross T. Herman, Esq., Yifei He, Esq., of Counsel, Maroney O Connor LLP, New York, NY.

    Case Number: 2:14-cv-01801

    Insured Cannot Claim Policy Became Effective Before Loan's Nov. 2, 2012, Closure

  • French v. Perez

    Publication Date: 2019-05-07
    Practice Area: Evidence
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Aaron Marks, (The Marks Law Group, LLC), Decatur, for appellant.
    for defendant: Kyle Baker, John Patton, (Taylor English Duma LLP), Atlanta, Kristie Fitzgerald, (Lynn Leonard & Associates), Atlanta, for appellee.

    Case Number: A18A1679

    Insuror Not Agent of Insured For Purposes of Claim Against Defendant For Spoliation of Evidence

  • Cho v. Kim

    Publication Date: 2019-04-15
    Practice Area: Civil Appeals | Contractual Disputes | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Justice Hassan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 14-16-00962-CV

    Appellant Cho challenged judgment entered against him in connection with claims for breach of fiduciary duty and fraud arising from an unsuccessful real estate project wherein the parties were to acquire land along Homestead Road in Houston to build a retail strip shopping center and lease storefronts in the center to commercial tenants.

  • The Legal Intelligencer | Commentary

    The Uncommon Law of 2018: Reversals of Precedent and Splits of Authority Dominate

    December 13, 2018

    Over the past year there have been dramatic reversals of long-standing law by a newly activist Pennsylvania Supreme Court. There have been clarifications of recurring civil litigation issues by both the Superior Court and Commonwealth Court.

  • Bouzy v. State Farm Ins.

    Publication Date: 2018-09-25
    Practice Area: Evidence | Expert Witnesses | Insurance Litigation
    Industry: Insurance
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Patrick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1094

    Where plaintiffs agreed to consolidate cases, they were not entitled to severance of the matters at trial, but the court properly bifurcated trial with regard to jury and non-jury issues.

  • Woodrum et al. v. Georgia Farm Bureau Mutual Insurance Company

    Publication Date: 2018-08-09
    Practice Area: Evidence | Insurance Law
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: R. Sims (R. Stephen SIms PC), Springfield, for appellant.
    for defendant: Lee Gillis, Duke Groover (James Bates Brannan Groover LLP), Macon, for appellee.

    Case Number: A18A0596

    Court Abused its Discretion in Excluding Expert's Testimony as a Lay Witness