MOODK Attorney John Borelli, Esquire obtained summary judgment in a Philadelphia premises liability matter.  Plaintiff, who was paralyzed from the waist down, alleged he fractured his ankle as he attempted to enter a building owned by MOODK’s client, which the client rented to the Co-Defendant, who operated a gun store on the property.  Plaintiff, who was confined to a wheelchair arrived at the property with a friend.  Plaintiff’s friend pulled Plaintiff’s wheelchair up a set of steps so they could enter the building.  Plaintiff alleged that while his friend was pulling him up the steps, Plaintiff’s foot became caught in a railing resulting in his ankle fracture.  Plaintiff alleged that the property violated the ADA because it did not have an entrance that was accessible for people with disabilities.  Plaintiff further contended that MOODK’s client and the Co-Defendant failed to maintain the property and permitted a dangerous condition to exist.  Through written discovery and depositions, MOODK was able to show that Plaintiff could not prove that his alleged injury occurred because of his ankle getting caught in the railing.  Further, through MOODK’s expert, they were able to show that the building met all applicable building codes and that the entrance did not violate the ADA.   

MOODK Attorneys Noreen Kemether, Esquire and Ana Ciobanescu, Esquire obtained dismissal of a lawsuit filed in the U.S.D.C. for the Middle District of Pennsylvania. Plaintiff alleged she was discriminated against due to her religion in violation of Title VII when she was terminated as a result of posting on her private Facebook page a derogatory and offensive meme. Plaintiff was the Club Manager and only paid employee of the local organization and claimed she was a joint employee of the national organization. The court ruled, on a motion to dismiss after limited discovery on jurisdiction, that the local organization was not subject to Title VII because it had fewer than 15 employees and that Plaintiff was not jointly employed by the national organization.

Robin Behn, Esquire, of MOODK’s New Jersey office obtained a dismissal due to lack of jurisdiction in a Superior Court matter. The Plaintiff was seeking reimbursement for the difference between the amount paid under the PA Workers’ Compensation fee schedule and the balance pursuant to the PPO, through a breach of contract claim. MOODK filed a motion to dismiss. The Judge ruled that the Superior Court Law Division lacks subject matter jurisdiction over a case, affirming that under NJSA 34:15-15, exclusive jurisdiction for disputed medical charges in workers’ compensation claims rests solely with the Division of Workers’ Compensation. The matter was thus transferred to New Jersey Workers’ Compensation Division for the merits to be addressed.

Andrew Vallejo, Esquire and Robert Fodera, Esquire of MOODK’s New Jersey Office obtained an Order from the Court in a mold exposure case set for trial barring Plaintiff from introducing any evidence, testimony, or claims at trial related to physical injuries from mold exposure, including asthma or pulmonary conditions. MOODK’s attorneys were able to show that Plaintiff had previously limited her claims to psychological/emotional distress only, with no expert support or discovery to expand into physical injuries. MOODK’s attorneys argued that any such testimony would be more prejudicial than probative, as it lacks a causal link to her emotional claims and could mislead the jury. The Court agreed and granted the Order in favor of MOODK’s client, narrowing the case solely to claims of emotional distress and eliminating unsupported physical allegations.