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 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. 

Benjamin Tursi and Craig Renitsky 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.

Dawn Doherty of MOODK’s Delaware office successfully obtained an Order dismissing the Plaintiff’s Second Amended Complaint and his Motion for Sanctions against the firm in federal District Court.  The pro se Plaintiff, who is a licensed attorney in New York State, was arrested for Third Degree Assault and Offensive Touching.  He claimed he was falsely arrested and, when in a holding cell at the Defendants’ police station, claimed his civil rights were violated due to the use of excessive force.  Plaintiff further alleged the arresting officers intentionally inflicted emotional distress and, as a result of Plaintiff’s false arrest, caused his marriage to fail.  After two successful Motions to Dismiss for failure to state a claim, Plaintiff was granted leave to amend his original Complaint and his First Amended Complaint.  Plaintiff failed to cure the deficiencies that both the Defendants and the court pointed out and, therefore, the court granted Defendants’ third Motion to Dismiss.  Plaintiff then attempted to appeal the District Court’s ruling to the Third Circuit Court of Appeals.  However, the Third Circuit ultimately denied Plaintiff’s appeal and dismissed the case with prejudice.