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McGivney, Kluger, Clark & Intoccia and its clients are always moving forward. This page features recent articles, news releases, and links to sites and blogs, as well as information about upcoming and recent events.
October 16, 2018 On October 15, 2018, in the Delisle v. Crane Co., matter, No. SC16-2182, the Florida Supreme Court held that the amendments to the Florida Evidence Code to incorporate Daubert are unconstitutional and the Frye standard should be applied. The Florida Supreme Court had already declined to adopt […]
October 16, 2018 The U.S. District Court, Middle District of Florida recently issued an order and opinion excluding the testimony of plaintiff’s expert, Dr. Richard Kradin, in the matter of Doolin v. Ford Motor Co., Case No. 3:16-cv-778-J-34PDB, 2018 U.S. Dist. LEXIS 163678, 2018 WL 4599712 (M.D. Fla. Sep. 25, […]
October 11, 2018 On October 11, 2018, a Middlesex County, New Jersey jury of 5 women and 2 men rendered a defense verdict (7-0) in favor of Johnson & Johnson (“ J& J” ) in the Rosalind and Frederick Henry matter. The jurors found that Plaintiffs failed to prove a […]
October 3, 2018 In every Connecticut premises liability action, the plaintiff must establish that the defendant had “actual” or “constructive” notice of the alleged defect. In order to establish “constructive” notice of the defect, the plaintiff must prove that the alleged defect existed for a “reasonable length of time” so […]
October 3, 2018 On September 6, 2018, the Appellate Division reinstated Plaintiffs’ Complaint in the matter of Linda Cowley, et al. v. Virtua Health System, et al. , after a trial court dismissed the medical malpractice claim due to Plaintiff’s failure to obtain an “Affidavit of Merit.” One of New […]
September 27, 2018 Uber, a pioneer in ride-sharing technology, and attorneys general from all 50 states and the District of Columbia, announced today that Uber has reached a settlement agreement for fines in the amount of $148 million for the way it handled a data breach that occurred in 2016. […]
September 27, 2018 Last week, the Connecticut Supreme Court denied a widow her bid to receiving benefits under the state Workers’ Compensation Act after a federal law judge already granted her benefits under the Federal Longshore Act. In Katherine Filosi, Executor (Estate of Donald L. Filosi, Jr.), Et. Al. v. […]
September 27, 2018 In August 2018, the Pennsylvania Superior Court, in Dunlap v. Federal Signal Corporation (“ Dunlap ”), ruled that the plaintiffs’ evidence that their alternative product’s design met the applicable industry standard was not sufficient to establish a prima facie strict liability design defect tort case.In its opinion, […]
September 19, 2018 New Jersey courts and litigants have spent the past month or so facing new arguments in battles over admission of scientific expert testimony, since the Supreme Court handed down a decision entitled In re Accutane Litig., 2018 N.J. LEXIS 988 (Aug. 1, 2018). In this decision, the […]
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