Eileen Ford of MOODK’s Delaware office and David Helwig of MOODK’s Pittsburgh Office successfully guided their Texas-based client and lawyers in a motion to transfer venue in a Fair Labor Standards Act case (FLSA) from Delaware District Court to the appropriate District Court in Texas.   The opening brief was based on Delaware’s application of the two-step analysis pursuant to  28 U.S.C. 1404(a) factors as applied in the District of Delaware, including, but not limited to, that location of all the parties, evidence, documents, witnesses were located in and/or near the requested Texas district.    After submission of the opening motion and brief Plaintiffs conceded and notified the court the motion would not be contested. 

Mark P. Merlini of MOODK’s Philadelphia office obtained summary judgment in a prisoner civil rights case based on allegations related to denial of proper medical treatment for an alleged severe gluten allergy.  Plaintiff claimed that consultants had recommended a biopsy and Gastroenterology consult and that he was constitutionally entitled to all testing and medical consults suggested.  Our team was able to demonstrate that the prison medical staff did perform a proper work up, the evidence did not support a severe gluten allergy and there was no constitutional violation by anyone on the medical staff.  Magistrate Judge Lisa Lenihan recommended dismissal of all claims and US District Judge Stephanie L. Haines granted dismissal.  The Third Circuit subsequently affirmed this decision on June 8, 2022. 

Craig Renitsky and Brenden Deckert of MOODK’s Philadelphia office represented the owner/landlord of a business complex that was leased out a tenant, who was Plaintiff’s employer and our named insured.  Plaintiff slipped and fell on an allegedly icy parking lot, sustaining neuro-cognitive injuries.  The named insured was barred from suit pursuant to the Workers’ Compensation Act, and pursuant to our interpretation of the landlord/tenant agreement along with the deposition testimony of all parties and multiple non-parties, we filed a Motion for Summary Judgment on behalf of the owner/landlord based on the theory of Landlord out of Possession.  Plaintiffs responded in opposition, but the Motion was granted without argument, dismissing our client from suit.  Plaintiffs’ most recent demand was $1.25 Million. 

Brendan Deckert presented a three-hour seminar titled Liquor Liability and Dram Shop Liability: An Overview of Law in NJ, NY, PA, DE & MD. During the seminar, presenters discussed the applicable statutes and controlling case law in each state, as well as the various methodologies for litigating a liquor liability case. The presentation covered topics including investigation and discovery, admissibility of critical evidence, good and bad practices for liquor service, expert witness strategies, and MOODK’s experience litigating these matters. Special thanks to Princeton Insurance and Institute for Strategic Educational Partners for inviting MOODK to present.