News

     

Superior Court Affirms Dismissal in Philadelphia Malpractice Action

Benjamin J. Tursi of our Philadelphia Office successfully prevailed before the Superior Court of Pennsylvania, affirming summary judgment in a psychiatric malpractice case. Plaintiffs, husband and wife, brought suit against a hospital and its attending physician alleging that the failure to admit the husband to voluntary inpatient mental health care treatment was grossly negligent and […]

Appellate Division Affirms Dismissal of Broker Malpractice Suit

The plaintiffs in American Iron v Glover Agency, et al asserted claims of malpractice and breach of contract against our client, a commercial insurance broker. The claim arose from the alleged failure of the broker to obtain a business interruption endorsement on a commercial fire policy. When the plaintiffs failed to serve an affidavit of […]

CLE on PA MCARE Coverage

Mark Merlini of the Philadelphia office presented a lecture to a group of attorneys and claims professionals regarding the impact of Pennsylvania’s MCARE Act on medical malpractice litigation and the role of the Commonwealth’s MCARE Fund which provides statutory excess coverage to physicians in Pennsylvania. The Act, passed in 2002, changed the landscape of medical […]

New Jersey Class Certification Rejected, Case dismissed

In Melett v Aquasid LLC, plaintiffs alleged that defendants health club agreements violated several New Jersey statutes including the Truth in Consumer Contract and Warranty and Notice Act (TCCWNA), New Jersey Consumer Fraud Act (CFA), Retail Installment Sales Act (RISA) and Health Club Services Act (HCSA.) On the basis of these claims, plaintiffs sought to […]

Delaware Office Establishes New Law Limiting Plaintiff’s Recovery of Medical Expenses to Amount of Medicare Reimbursement

In a watershed ruling by the Supreme Court of Delaware, Dawn Courtney Doherty and Brett Norton successfully established new Delaware law that limits the amount of medical special damages that a plaintiff may recover to the actual amount paid by Medicare, rather than the much higher amount billed. In a unanimous, en banc decision, the […]