Personal Injury

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In Anderson v. TikTok, Inc., 2024 WL 3948248 (3d Cir. August 27, 2024), the court reversed and vacated a lower court’s decision dismissing which dismissed plaintiff’s complaint against TikTok and ByteDance, Inc. on the ground that the defendants were immunized by the Communications Decency Act (“CDA”), 47 U.S.C. § 230. The court summarized the facts…

Read More 3d Circuit Permits Lawsuit Against TikTok to Proceed; Section 230 Ruled Inapplicable
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The police accident report, known in New York as a Form MV-104, is a document typically used in motor vehicle accident litigation. It memorializes various pieces of information relevant to the accident, including (among other things): When the accident occurred; Who was involved in the accident; Where the accident occurred; Descriptions of the involved vehicles;…

Read More The Police Report in New York Personal Injury Litigation
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In a recent decision, Corey v. City of New York, No. 151459/2023, 2023 WL 8478872 (N.Y. Sup Ct, New York County Dec. 07, 2023), the court granted defendants’ motion to dismiss plaintiff’s claim of defamation against the New York City Mayor Eric Adams. This case arose from events following an incident in which a male…

Read More Court Dismisses Jessica Corey’s Defamation Claim Against NYC Mayor Adams
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In Wagman v Morgan Stanley Children’s Hospital of New York Presbyterian, No. 160709/21, 2022-05622, 771, M-3778, 2023 N.Y. Slip Op. 05214, 2023 WL 6626886 (N.Y.A.D. 1 Dept., Oct. 12, 2023), the court unanimously affirmed the lower court’s Order granting plaintiff’s motion, pursuant to CPLR 3126, to strike defendants’ answer for spoliation of evidence. In this…

Read More Failure to Preserve Slip/Fall Video Results in Stricken Answer
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In Browne v Lyft, No. 2021-01314, 717499/19, 2023 N.Y. Slip Op. 04102, 2023 WL 4918610 (N.Y.A.D. 2 Dept., Aug. 02, 2023), the court reversed a lower court decision, and granted the defendant’s motion to dismiss plaintiff’s causes of action for vicarious liability under the doctrine of respondeat superior and fraud. Plaintiff alleged, in sum, that after utilizing…

Read More Sexual Misconduct Lawsuit, Under “Respondeat Superior” Theory, Dismissed Against Lyft
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In DeCollibus v. Schimmel, 2023 NY Slip Op 00372 (N.Y. App. Div. 1st Dept. Ja. 26, 2023), the court affirmed the lower court’s order dismissing plaintiff’s negligence claim, arising from injuries sustained when defendant’s dog (Lola) chased a ball onto a road in Central Park and collided with plaintiff while she was riding her bike.…

Read More Chasing Ball Was “Normal Canine Behavior”, Not Evidence of “Vicious Propensities”
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As you may have heard, actor/rapper Will Smith smacked comedian/actor Chris Rock at the 2022 Oscars after Mr. Rock made a joke referring to Mr. Smith’s wife’s bald head. Many news organizations reported this event as a “assault.” However, in the civil (as opposed to criminal) context, there are, among potentially others, two distinct causes…

Read More Battery, Assault, and the Oscar Slap Heard (and Seen) Throughout the World
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In Valdez v. Upper Creston, LLC, 2022 NY Slip Op 00367 (NY App. Div. 1st Dept. Jan. 20, 2022), a personal injury case, the court unanimously affirmed the lower court’s order granting plaintiff’s motion for summary judgment on the issue of liability against defendant. In this premises liability case, the plaintiff (a resident of a…

Read More “Res Ipsa Loquitur” Applies in Personal Injury Case Arising From Collapsing Drain
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In a January 3, 2022 Order in Elden v. Nirvana, L.L.C. et al, C.D. Cal., No. CV 21-6836, a California federal court dismissed plaintiff Spencer Elden’s lawsuit against Nirvana L.L.C. et al. In this lawsuit, plaintiff – whose image (as a baby) appears on Nirvana’s 1991 “Nevermind” album – alleged, inter alia, that he was…

Read More Oh Well, Whatever, Nevermind: Baby Model’s Lawsuit Against Nirvana (Temporarily) Ends With a Whimper
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