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SIGNIFICANT CASE SUMMARIES Virginia Case Summary Brown v. Kirkpatrick Virginia Court of Appeals No. 1100-22-1 Decided: December 19, 2023 An insurance carrier’s waiver of subrogation rights does not divest the carrier of the right. Background In April 2022, a jury awarded Michael Brown a judgment for $286,000 against Timothy Kirkpatrick for damages arising from a… read more

SIGNIFICANT CASE SUMMARIES Federal Case Summary London-Walker v. Walgreens Family of Cos. United States District Court for the Eastern District of Pennsylvania 2023 U.S. Dist. LEXIS 179610 Decided: October 4, 2023 Under Pennsylvania law, service of original process cannot be accomplished by emailing a copy of a Writ of Summons to a claims adjuster. Background… read more

SIGNIFICANT CASE SUMMARIES Pennsylvania Case Summaries McHenry v. The Goodyear Tire & Rubber Co. Pennsylvania Commonwealth Court No. 373 C.D. 2022 Decided: November 14, 2023 If an employee’s occupational disease exceeds the compensable period defined by the Pennsylvania Occupational Disease Act, and the employee does not qualify for compensation under the Act, the exclusive remedy… read more

SIGNIFICANT CASE SUMMARIES Maryland Case Summary Ledford v. Jenway Cont., Inc. Maryland Appellate Court No. 1755 September Term, 2022 Decided: November 30, 2023 Circuit Court did not err in dismissing a wrongful death action filed against an employer by the non-dependent daughter of the employee. Background On February 25, 2021, Plaintiff’s father fell to his… read more

SIGNIFICANT CASE SUMMARIES New Jersey Case Summaries Hargett v. Hamilton Park Opco, LLC New Jersey Superior Court, Appellate Division No. A-2036-22, ___ N.J. Super. ____ Decided: December 11, 2023 In a decision concerning the Affidavit of Merit (“AOM”) statute, the Appellate Division rejected a collective negligence theory of vicarious liability and held that Plaintiff’s expert’s… read more