MOODK ATTORNEYS’ MOTION TO TRANSFER VENUE SUCCESS

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. 

MOODK PHILADELPHIA ATTORNEYS SECURE DISMISSAL IN SLIP AND FALL MATTER

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. 

MOODK PHILADELPHIA, PITTSBURGH, AND NEW JERSEY OFFICES PRESENT SEMINAR FOR LIQUOR LIABILITY

Ashley Rodgers, Nicole Mulhern, and 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.

MOODK PHILADELPHIA AND NEW JERSEY PRESENTS SEMINAR FOR LIQUOR LIABILITY

Benjamin Tursi, Craig Renitsky, Nicole Mulhern, and 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 methodology 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 Philadelphia Insurance for inviting MOODK to present.

METICULOUS DISCOVERY LEADS TO SUMMARY JUDGMENT IN BROKER MALPRACTICE CASE

Melissa Brown and Kathryn Siegeltuch of Marks O’Neill’s New Jersey office were successful in obtaining an order dismissing all claims against our clients, an insurance broker and his agency. Plaintiff alleged the broker committed professional malpractice by failing to ensure that Plaintiff had insurance coverage for injuries she sustained in a motor vehicle accident. Attorneys Brown and Siegeltuch completed an expansive discovery campaign and worked with varies third parties.  Their work led discovery that caused key concessions by Plaintiff’s expert during his discovery deposition.  We filed a Motion for Summary Judgment citing lack of any expert opinions establishing a breach of a duty of care by Plaintiff’s expert and lack of material facts establishing causation.  The Court agreed, concluding that the evidence produced in discovery demonstrated that no reasonable factfinder could conclude the insurance brokers breached the standard of care and that the conduct of the brokers could never be the proximate cause of the lack of coverage for Plaintiff’s accident.  The Court dismissed all claims against our clients with prejudice.