MOODK OBTAINS SUMMARY JUDGMENT IN CASE WITH PROFESSIONAL NEGLIGENCE CLAIMS

Plaintiff and her husband filed suit against a home health care provider after she fell during her in-home physical therapy treatment session following hip surgery.  Later, the home health care provider joined the medical staffing company involved.

Although Plaintiffs initiated the lawsuit by filing a Certificate of Merit, no expert reports were ever submitted.  On behalf of the medical staffing company, MOODK filed a motion for Summary Judgment seeking dismissal of Plaintiffs’ claims for failing to submit expert reports regarding a deviation of the professionally accepted standard of care and causation of injuries.  Plaintiffs argued that the matter did not require an expert report.  The Court disagreed holding that Plaintiffs’ allegations amounted to professional negligence claims requiring expert support.  Having failed to submit an expert report, Defendants’ motion for Summary Judgment was granted.

MOODK PROUDLY PRESENTED WOMEN IN LEADERSHIP: INSPIRING A GENERATION OF EMERGING LEADERS

MOODK proudly presented Women in Leadership: Inspiring a Generation of Emerging Leaders.  Through our virtual symposium, we hosted over 200 women for a discussion of entrepreneurship and impact across our industry.  We partnered with trailblazers in the industry who empowered our attendees by sharing authentic and insightful advice on women in leadership, authenticity and being one’s best self.  We remain committed to promoting a diverse and inclusive culture for our colleagues and business partners.

MOODK PARTICIPATES IN WOMEN’S HISTORY MONTH

In honor of Women’s History Month, the Diversity & Inclusion Committee of Marks, O’Neill, O’Brien, Doherty & Kelly, P.C. organized a monetary donation collection from the New York and Tarrytown offices for Bottomless Closet, a non-profit organization that empowers New York City women in need to enter the work force, by offering clothing, accessories, resume assistance and interview preparation.

U.S. SUPREME COURT RULES ON SCOPE OF PERSONAL JURISDICTION

On March 25, 2021, the U.S. Supreme Court expanded the test established for personal jurisdiction by holding that a causal link to the cause of action is not necessary to establish specific jurisdiction over a non-resident defendant.  Ford Motor Co. v. Montana Eighth Judicial District Court, et al. 592 U.S. _____ (2021).  Instead, the Court focused its analysis on the “or relate” portion of the “arise out of or relate to the defendant’s contacts” standard established in Burger King Corp. v. Rudzewicz.  The Court emphasized the Burger King standard contemplates that some relationships will support jurisdiction without a causal showing.  In doing so, the Court held that Ford Motor Company could be sued in both Montana and Minnesota over injuries sustained from car accidents that occurred in those states, even though the particular Ford vehicles involved in the accidents were not manufactured or originally sold in either state.  In support of its holding, the Court noted that Ford regularly markets, advertises, services and sells Ford vehicles (including the particular vehicles involved in both accidents) in Montana and Minnesota, and thus there was a strong relationship among the defendant, forum and litigation.  The Court further distinguished the case from Bristol-Myers Squibb v. Superior Court by holding that the claims brought in that case were by non-resident plaintiffs who never purchased, used or were harmed by the products in the forum State.  However, in these cases, both plaintiffs were residents who used the defective product and were injured in the forum State.

Please see attached: Personal Jurisdiction Opinion

MOODK PARTICIPATES IN DR. MARTIN LUTHER KING SERVICE DAY

In honor of Dr. Martin Luther King, Marks, O’Neill, O’Brien, Doherty & Kelly, P.C.’s Diversity & Inclusion Committee organized a service event for the offices in Philadelphia, New Jersey and Delaware. The project entailed collecting essential items and supplies for the Bethesda Project. The Bethesda Project is a non-profit organization which offers support services and resources to individuals experiencing homelessness.