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March 1, 2023

eNotes: Liability – March 2023 – Federal

SIGNIFICANT CASE SUMMARIES Federal Case Summary Cote v. Schnell Indus. United State District Court for the Middle District of Pennsylvania No. 4:18-CV-01440 Decided: November 9, 2022 A Pennsylvania Federal District Court held that, unless such conduct was the sole cause of the accident, evidence of a plaintiff’s contributory negligence, recklessness,

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eNotes: Liability – March 2023 – Pennsylvania

SIGNIFICANT CASE SUMMARIES Pennsylvania Case Summaries Marion v. Bryn Mawr Trust Co. Pennsylvania Supreme Court No. 72 MAP 2021 Decided: January 19, 2023 Pennsylvania Supreme Court recognizes tort claim for aiding and abetting fraud and requires actual knowledge of the underlying fraud. Background Robert Bentley was a broker of certificates

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eNotes: Liability – March 2023 – Maryland

SIGNIFICANT CASE SUMMARIES Maryland Case Summary Selective Way Ins. Co. v. Fireman’s Fund Ins. Co. Maryland Appellate Court 2023 Md. App. LEXIS 82 Decided: February 2, 2023 The Appellate Court of Maryland held that Plaintiff-insurer’s equitable contribution rights against Defendants for defense costs in a construction defect lawsuit were not

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eNotes: Liability – March 2023 – New Jersey

SIGNIFICANT CASE SUMMARIES New Jersey Case Summaries Statewide Ins. Fund v. Star Ins. Co. New Jersey Supreme Court No. A-62 Sept. Term 2021, 086440 Decided: February 16, 2023 The New Jersey Supreme Court held that a joint insurance fund among public entities constituted “self-insurance,” not insurance, such that governmental entity’s

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eNotes: Liability – March 2023 – Washington, D.C.

SIGNIFICANT CASE SUMMARIES Washington, D.C. Case Summary Doucette v. Neutron Holdings District Of Colombia Court Of Appeals No. 21-CV-896 Decided: January 26, 2023 Whether parts of a contract unrelated to the arbitration clause are unconscionable is a question that can be decided by the arbitrator at arbitration. Background Adoria Doucette

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eNotes: Liability – March 2023 – Virginia

SIGNIFICANT CASE SUMMARIES Virginia Case Summary Landfall Trust LLC v. Fidelity Nat’l Title Ins. Co. United States District Court for the Eastern District of Virginia No. 3:22cv194 (RCY) Decided: December 21, 2022 Source of duty rule and economic loss doctrine bar negligence action; sole right to recovery was breach of

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