Driven by Service. Defined by Results.

November 1, 2022

eNotes: Liability – November 2022 – Federal

SIGNIFICANT CASE SUMMARIES Federal Case Summaries Testa v. Broomall Operating Co., L.P. United States District Court for the Eastern District of Pennsylvania No. 21-5148-KSM, 2022 U.S. Dist. LEXIS 147856 Decided: August 18, 2022 Claim for COVID-19 death of nursing home patient survives Motion to Dismiss. Background Plaintiff Testa brought this

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eNotes: Liability – November 2022 – Pennsylvania

SIGNIFICANT CASE SUMMARIES Pennsylvania Case Summaries Cowher v. Kodali Pennsylvania Supreme Court 2022 Pa. LEXIS 1408, 2022 WL 4542224 Decided: September 29, 2022 When the jury returned a general verdict for Plaintiff, resting on both valid and invalid grounds, Defendant’s failure to request a special verdict slip that would have

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eNotes: Liability – November 2022 – Maryland

SIGNIFICANT CASE SUMMARIES Maryland Case Summaries CX Reinsurance Co. v. Johnson Maryland Court of Appeals 2022 Md. LEXIS 342 Decided: August 29, 2022 Maryland’s Highest Court holds that claimant tenants who had not obtained final judgments against their alleged tortfeasor landlords were not intended beneficiaries of their landlords’ insurance policies.

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eNotes: Liability – November 2022 – New Jersey

SIGNIFICANT CASE SUMMARIES New Jersey Case Summary Dennehy v. E. Windsor Reg’l Bd. of Educ. New Jersey Supreme Court No. A-36-21, 086350 Decided: October 26, 2022 The New Jersey Supreme Court decided that the higher “recklessness” standard, applicable to plaintiff participants in recreational activities, should not apply to a coach’s

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eNotes: Liability – November 2022 – Washington, DC

SIGNIFICANT CASE SUMMARIES Washington, DC Case Summary BDO USA, LLP v. Jia-Sobota District of Colombia Court of Appeals Nos. 20-CV-536 & 20-CV-696 Decided: October 6, 2022 Arbitration clauses allowing a party to seek provisional remedies through concurrent litigation are enforceable. Background Eric Jia-Sobota, a partner at the accounting firm BDO

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eNotes: Liability – November 2022 – Virginia

SIGNIFICANT CASE SUMMARIES Virginia Case Summary Paul v. Western Express, Inc. United States District Court for the Western District of Virginia No. 6:20-cv-00052 Decided: February 17, 2022 Negligent hiring and retention claims must state sufficient facts to be plausible overall. Background Plaintiff Judy Paul was driving southbound on I-81, and

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