Josh is a civil litigator, concentrating his practice in Special Investigation Unit (SIU) defense litigation, where individuals and medical providers are suspected of insurance fraud. Josh also concentrates his practice in the defense of automobile, premises, and products liability litigation.
Josh has experience successfully handling all aspects of litigation throughout Philadelphia and surrounding counties. His experience includes pretrial pleadings, investigation, depositions, analysis of medical damages, and expert discovery. Josh has conducted numerous detailed Examinations Under Oath on behalf of insurance carriers on various SIU related issues in Pennsylvania. He has also successfully defended numerous personal injury suits at arbitration and trial.
Josh's practice in the areas of insurance fraud/SIU is bolstered by his previous experience in law enforcement. Prior to joining Marshall Dennehey, he worked at the U.S. Department of Justice in Washington, D.C., the District Attorney's Office of Chester County, Pennsylvania, and the Philadelphia Law Department's General Litigation Unit. In the District Attorney's Office, Josh gained valuable and practical experience in law enforcement, where he assisted in criminal investigations, litigated preliminary hearings, suppression motions, and summary trials on behalf of the Commonwealth of Pennsylvania.
Upon graduation from law school, Josh served as a law clerk to the Honorable Jan R. Jurden in the Delaware Superior Court.
Prior to law school, Josh worked on Capitol Hill as a legislative aide to then-Senator Joseph R. Biden, Jr. on matters concerning national security, education, environmental affairs, veterans affairs, and U.S. foreign policy in the Middle East.
Josh is admitted to practice in Pennsylvania and New Jersey. Josh also serves as an arbitrator in the Compulsory Arbitration Program of the Philadelphia Court of Common Pleas.
Significant Representative Matters
· Obtained numerous defense verdicts while defending commercial and residential property owners in matters where plaintiffs were claiming personal injuries allegedly caused by conditions on or adjacent to the premises. Many of these instances involved suspicions of fraud and involved intensive investigation and discovery in order to effectively defend the claims.
· Obtained numerous defense verdicts while representing insured drivers involved in motor vehicle accidents with limited-tort plaintiffs. Josh has successfully persuaded Arbitration Panels on multiple occasions that the plaintiffs' alleged injuries did not rise to the level of "serious bodily injuries" as defined by Pennsylvania Statute and case law, therefore prohibiting plaintiffs from recovering non-economic damages i.e. pain and suffering.
· Josh was recently successful in defending a property owner that had been sued by a plaintiff represented by one of the most prominent plaintiff's firms in Pennsylvania. Plaintiff made a $7.75 Million claim for personal injuries sounding in premises liability, which included a closed-head trauma and claims of extensive neurological and neuropsychological damages. Plaintiff was a 38-year-old tenant on defendant's residential property in Pennsylvania when he allegedly tripped and fell down a concrete flight of stairs. Plaintiff was air-lifted to a nearby hospital for emergency treatment and claimed that, as a result of the fall he suffered from a seizure disorders and a complete loss-of-earnings capacity. Josh had secured extensive investigative findings that contradicted plaintiff's claims as well as obtained numerous victories in discovery court compelling extensive discovery of plaintiff's financial, PennDOT, and employment records. As a result, Josh successfully persuaded plaintiff to voluntarily drop his claims.
· Successfully dismissed our client from suit following Preliminary Objections which were sustained in a major jury case involving the representation of one of the largest elevator manufacturers in the world. Plaintiff was allegedly injured while making a "sales call" in a hospital. Plaintiff claimed that the elevators were not functioning and was forced to use the stairwell, where she allegedly slipped and fell. Josh successfully argued that not one jurisdiction across the country has recognized a party's right to recover from the elevator maintenance company in analogous scenarios on the issue of proximate causation. The presiding Judge was persuaded by Josh's argument and dismissed the elevator company from the suit.
Associations & Memberships
· American Bar Association
· Louis D. Brandeis Law Society - Executive Committee Member
· Pennsylvania Bar Association
· Philadelphia Bar Association
Honors & Awards
· Presidential Scholar; Scholars Program Citation in Public Leadership
Year Joined Organization: 2009
Publications
Expert's testimony regarding medical billing and coding was admissible for purposes of determining the reasonableness and necessity of medical treatment in the context of an uninsured motorist claim.
Law Alerts · October 1, 2011
As in a suit for personal injury, a plaintiff seeking uninsured motorist coverage must demonstrate that his or her medical expenses are reasonable and necessary. The insurer had retained an expert to testify to the reasonableness of the charges for..., Case Law Alert - 4th Qtr 2011
The state as a self-insured entity is not immune from subrogation claims under Delaware's Financial Responsibility Act.
Law Alerts · October 1, 2011
A no-fault insurer, GEICO, as subrogee for its insured, filed an action against the defendants, the state and its employee, to recover first party benefits paid as a result of a motor vehicle accident that occurred between the employee and the..., Case Law Alert - 4th Qtr 2011
The negligence of a permissive operator of an ATV who injured the owner was not imputed to the owner, and the owner is not barred from recovering related damages.
Law Alerts · October 1, 2011
The plaintiff, the owner of an all-terrain vehicle (ATV), sued the defendants, a minor and his guardian, alleging negligent operation of the ATV by the minor and negligent entrustment by the guardian. The minor-defendant allegedly lost control of..., Case Law Alert - 4th Qtr 2011
In a multi-car accident personal injury claim, the court denies a motion to transfer based upon the "first-in-time" rule and indication of forum shopping.
Law Alerts · October 1, 2011
The plaintiff filed a personal injury action, which was transferred upon the defendant's motion to Suffolk County based upon improper venue. CPLR 503(a). The plaintiff later filed a second action in Queens County and then sought to consolidate the..., Case Law Alert - 4th Qtr 2011
A ban on using a cellular phone while operating a vehicle is pre-empted by state law.
Law Alerts · October 1, 2011
A Lehigh County judge has thrown out the city's ordinance that banned using a cellular phone while operating a vehicle, saying it was pre-empted by state law. Allentown's Ordinance 14782 was passed and signed into law in March 2010. Lehigh County..., Case Law Alert - 4th Qtr 2011
Where there is proof that preterm labor is causally related to an automobile accident, and where a physician recommends bed rest, such bed rest qualifies plaintiff for summary judgment if it meets minimum time frame contemplated by insurance law §510(d).
Law Alerts · July 1, 2011
The plaintiff passenger sued the defendants owner and driver, seeking damages arising from a traffic accident. The Supreme Court, Kings County (New York), granted the passenger's motion for summary judgment, finding that she sustained a serious..., Case Law Alert - 3rd Qtr 2011
Superior Court reversed holding of trial court ruling to transfer venue from Philadelphia to Bucks County, where defendant was personally served in Philadelphia venue in Philadelphia was proper.
Law Alerts · July 1, 2011
The state Superior Court has reversed a trial court ruling that venue in Philadelphia was improper when a defendant had been served personally in Philadelphia, finding that Philadelphia Common Pleas Court Judge Allan L. Tereshko committed an error..., Case Law Alert - 3rd Qtr 2011
The federal Graves Amendment preempted Florida statute § 324.021(9)(b)(2), Fla. Stat. (2007), which eliminated vicarious liability for certain categories of rental car companies.
Law Alerts · July 1, 2011
The petitioner motorist sued the respondents driver, lessee and the leasing company, seeking damages for injuries suffered in a motor vehicle accident. The trial court entered summary judgment in favor of the leasing company, ruling that the Graves..., Case Law Alert - 3rd Qtr 2011
As a matter of first impression before an appellate court, the Superior Court held that the admissibility of intoxication to illustrate how an accident occurred, when negligence was conceded, is an improper abuse of discretion by the trial court.
Law Alerts · July 1, 2011
The appellant executor appealed a judgment by the Court of Common Pleas, Dauphin County, Civil Division, (Pennsylvania) in favor of the appellees. The executor sought a new trial, claiming that evidence of his decedent's blood alcohol content and..., Case Law Alerts - 3rd Qtr 2011
Service by electronic filing pursuant to PA.R.C.P. 205.4(g)(1)(ii) requires a party's consent in each individual case, regardless of prior consent on other cases.
Law Alerts · July 1, 2011
The Superior Court overturned a lower court's ruling granting a motion to dismiss where a party had not been timely served with the motion. The court noted that while Rule 440 allows service of legal papers other than original process to be served..., Case Law Alert - 3rd Qtr 2011
Service by electronic filing pursuant to PA.R.C.P. 205.4(g)(1)(ii) requires a party's consent in each individual case, regardless of prior consent on other cases.
Law Alerts · July 1, 2011
The Superior Court overturned a lower court's ruling granting a motion to dismiss where a party had not been timely served with the motion. The court noted that while Rule 440 allows service of legal papers other than original process to be served..., Case Law Alert - 3rd Qtr 2011
Superior Court reversed holding of trial court ruling to transfer venue from Philadelphia to Bucks County was proper when the defendant was personally served in a Philadelphia venue.
Law Alerts · July 1, 2011
The Superior Court has reversed a trial court ruling that venue in Philadelphia was improper when a defendant had been served personally in Philadelphia, finding that Philadelphia Common Pleas Court Judge Allan L. Tereshko committed an error of law..., Case Law Alert - 3rd Qtr 2011
As a matter of first impression, the adequacy of a jury's verdict in an underinsured motorist action should be reviewed by the same standards as the adequacy of a jury's verdict in a traditional tort case.
Law Alerts · July 1, 2011
The plaintiff was in a motor vehicle accident and settled with the tortfeasor's insurer for the policy limits. The plaintiff claimed she suffered injuries to her neck requiring surgery. Her medical expert testified that the accident necessitated her..., Case Law Alert - 3rd Qtr 2011
Service by electronic filing pursuant to PA.R.C.P. 205.4(g)(1)(ii) requires a party's consent in each individual case, regardless of prior consent on other cases.
Law Alerts · July 1, 2011
The Superior Court overturned a lower court's ruling granting a motion to dismiss where a party had not been timely served with the motion. The court noted that while Rule 440 allows service of legal papers other than original process to be served..., Case Law Alert - 3rd Qtr 2011
Insurer is now liable for delay damages (pre-verdict interest) calculated on the entire verdict awarded by a jury rather than on the policy limits applicable to the plaintiff's claim.
Law Alerts · April 1, 2011
The Superior Court has recently rendered a decision concerning the calculation of delay damages that insurers and their counsel should now consider in valuing a claim prior to trial. An insurer is liable for delay damages (pre-verdict interest)..., Case Law Alert - 2nd Qtr 2011
As a matter of first impression, a cause of action under the New Jersey Insurance Fraud Prevention Act accrues based on the law provided under common law fraud.
Law Alerts · April 1, 2011
This dispute arises from a motor vehicle accident involving the plaintiff, who was driving a vehicle insured by an automobile insurance policy issued by the defendant, NJ CURE. CURE denied coverage for the plaintiff's PIP claim, citing the plaintiff..., Case Law Alert - 2nd Qtr 2011
Del.R.Civ.P. 15(c)(3) permits plaintiff to amend complaint after expiration of statute of limitations because defendant was served within 120 days required by Del.R.Civ.P. 4(j) and knew/should know it should have been named efendant in original complaint.
Law Alerts · January 1, 2011
Handler was allegedly working as a pizza delivery man for Nino's Pizza when his car impacted the plaintiffs' vehicle. The plaintiffs sued Handler and Nino's a day before the relevant statute of limitations was set to expire and served Nino's with..., Case Law Alert - 1st Qtr 2011
Amendments to Florida rules of civil procedure
Law Alerts · January 1, 2011
The Florida Supreme Court recently amended the Florida Rules of Civil Procedure. The changes take effect on January 1, 2011, at 12:01 a.m. Here are some of the most significant amendments to the Rules. New Rule 1.071 provides the procedure for..., Case Law Alert - 1st Qtr 2011
Taxi company's failure to respond to intoxicated individual's request for service was not the proximate cause of individual's subsequent death while walking home.
Law Alerts · January 1, 2011
In this case, two men were killed when struck by a motor vehicle while crossing a street. This is an appeal from a grant of summary judgment in favor of Quick Service on the issue of causation. The plaintiffs failed to show the necessary causal..., Case Law Alert - 1st Qtr 2011
Adkins v. Ohio State Highway Patrol, 2010 Ohio 5915 (Ohio Ct. of Claims, Nov. 17, 2010).
Law Alerts · January 1, 2011
The plaintiff, a decedent's estate administrator ("EA"), filed suit against the defendant, the Ohio State Highway Patrol ("OSHP"), alleging that a trooper was negligent when he arrested the driver of a car in which the decedent was riding and left..., Case Law Alert - 1st Qtr 2011
Party was not entitled to a new trial based on after-discovered evidence that testifying experts were not licensed where party had the ability to discover that evidence at the time of trial through reasonable diligence.
Law Alerts · January 1, 2011
The appellant was not entitled to a new trial based on after-discovered evidence that the opposing party's testifying experts were not licensed where the appellant had the ability to discover that evidence at the time of trial through reasonable..., Case Law Alert - 1st Qtr 2011
In a wrongful death action, Medicare is not entitled to a lien on the portion of the recovery attributable to the claims of the survivors.
Law Alerts · January 1, 2011
The plaintiffs' settled a wrongful death claim against a nursing home. The defendant, the Secretary of the Department of Health and Human Services ("HHS"), sought reimbursement for medical payments made on behalf of the decedent. The estate paid..., Case Law Alert - 1st Qtr 2011
The application of the discovery rule regarding tolling of the statute of limitations is not applicable where the plaintiff's alleged injuries improved, rather than worsened, after the date of loss.
Law Alerts · October 1, 2010
The plaintiff appealed from a court order granting the defendant's motion for summary judgment. The case involved a personal injury suit resulting from a motor vehicle accident on January 7, 2007. The plaintiff filed suit on June 8, 2009, and the..., Case Law Alert - 3rd Qtr 2010
Following a jury verdict in favor of the plaintiffs, awarding prejudgment interest was not appropriate where the defendants' failure to settle could not be deemed irrational.
Law Alerts · October 1, 2010
The plaintiffs-appellants, a passenger and his parents, sought review of the trial court that denied their motion for prejudgment interest against the appellee-insurers in a case arising from a motor vehicle accident in which the passenger suffered..., Case Law Alert - 3rd Qtr 2010
New legislation amends Section 2335 of New York's insurance law, which limits insurance companies from levying surcharges on a policyholder after a motor vehicle accident involving property damage.
Law Alerts · October 1, 2010
Section 2335 now prohibits insurers from raising auto premiums after an accident, unless the amount of property damage exceeds $2,000. The prior threshold was $1,000 and was in effect since 1991. The new legislation is intended to help contain..., Case Law Alert - 3rd Qtr 2010
Trial court erred in dismissing a case pursuant to the statute of limitations where service was made prior to the expiration of the statute, albeit defective.
Law Alerts · October 1, 2010
The appellant had filed an action against the operator alleging that she suffered personal injuries as the result of the operator's negligent operation of a motor vehicle. The trial court dismissed the appellant's case because of the applicable..., Case Law Alert - 4th Qtr 2010
As a matter of first impression, the Commonwealth Court held that the Philadelphia Parking Authority failed to comply with proper administrative procedure in accordance with the Commonwealth documents law in enforcing a taxi cab regulation.
Law Alerts · July 1, 2010
An inspector for the Authority encountered one of the cab company's taxicabs while it was dropping off a passenger and noted that the inspection sticker had expired, both front tires were bald, and the right rear door was missing its rubber gasket...., Case Law Alert - 3rd Qtr 2010
Where plaintiffs sought billing and litigation records from a non-party hospital, the trial court should have stayed the discovery until the parties had an opportunity to negotiate a confidentiality agreement per Florida's trade secrets laws.
Law Alerts · July 1, 2010
This action arises out of a motor vehicle accident in which the plaintiff claimed to have suffered damages for bodily injuries and subsequent medical treatment. The petitioner hospital, a non-party, sought certiorari relief of an order from the..., Case Law Alert - 3rd Qtr 2010
The changes to Florida's pre-suit provisions, enacted in 2001, cannot be applied retroactively as the changes were substantive and not procedural.
Law Alerts · July 1, 2010
The insured sued the insurer for failing to pay personal injury protection (PIP) benefits after she was injured in a motor vehicle accident. The issue on appeal to the Florida Supreme Court was whether the pre-suit provision of Fla. Stat. § 627.736(..., Case Law Alert - 3rd Qtr 2010
An agricultural society's demolition derby rough truck competition was not a governmental function and could not seek protection under sovereign immunity for a political subdivision.
Law Alerts · July 1, 2010
This action arises out of a personal injury claim for sustained injuries. The trucking company constructed an obstacle course for a demolition derby-type rough competition at a fair hosted by the agricultural society. The family members filed suit..., Case Law Alert - 3rd Qtr 2010
SEPTA was immune from liability under the sovereign immunity act for injuries claimed while bus was temporarily stopped and not in "operation."
Law Alerts · July 1, 2010
The plaintiffs were passengers on a bus owned by SEPTA when it was struck by a hit-and-run truck while it was stopped and discharging other passengers. Both plaintiffs claim injuries as a result of the impact. Because the bus was temporarily stopped..., Case Law Alert - 3rd Qtr 2010
As a matter of first impression, the Commonwealth Court held that the Philadelphia Parking Authority failed to comply with proper administrative procedure in accordance with the Commonwealth documents law in enforcing a taxi cab regulation.
Law Alerts · July 1, 2010
An inspector for the Authority encountered one of the cab company's taxicabs while it was dropping off a passenger and noted that the inspection sticker had expired, both front tires were bald, and the right rear door was missing its rubber gasket...., Case Law Alert - 3rd Qtr 2010
Where plaintiffs sought billing and litigation records from a non-party hospital, the trial court should have stayed the discovery until the parties had an opportunity to negotiate a confidentiality agreement per Florida's trade secrets laws.
Law Alerts · July 1, 2010
This action arises out of a motor vehicle accident in which the plaintiff claimed to have suffered damages for bodily injuries and subsequent medical treatment. The petitioner hospital, a non-party, sought certiorari relief of an order from the..., Case Law Alert - 3rd Qtr 2010
A foreign defendant does not waive its right to contest personal jurisdiction when defendant retains American counsel, does not enter an appearance, and challenges a default judgment against defendant on personal jurisdiction grounds.
Law Alerts · April 1, 2010
The decedent died in a motor vehicle collision with a truck operated by the defendant, a Kuwaiti transport company in Iraq. The decedent's estate filed a tort law claim in District Court. The defendant retained American counsel; however, counsel did..., Case Law Alert - 2nd Qtr 2010
Where a party alleges insufficient legal representation, any correspondence and communications between the party and the party's retained counsel concerning the defense of the party are subject to discovery.
Law Alerts · April 1, 2010
The plaintiff insurance company brought a declaratory judgment action against the insureds where the plaintiff sought an order that it had no duty to indemnify the insured to a consent judgment entered against them in an underlying lawsuit. The..., Case Law Alert - 2nd Qtr 2010
School board was not liable for damages associated with an automobile accident where the board did not cancel football practice in the rain and allowed the 16-year-old student to drive home after practice with another 17-year-old student.
Law Alerts · April 1, 2010
The plaintiff, Alex Pluchino, then 16 years old, was severely injured in an automobile accident after leaving football practice at Rutherford High School (RHS) in a car driven by third-party defendant Jason Bille, a fellow team member. The plaintiff..., Case Law Alert - 2nd Qtr 2010
Absent additional evidence, a sheriff's deputy's failure to activate his sirens and lights while responding to an emergency call does not rise to the level of willful and wanton behavior and is, therefore, protected under sovereign immunity.
Law Alerts · April 1, 2010
The plaintiff-appellants were injured as a result of the plaintiff's motorcycle collided with a deputy sheriff's vehicle. The deputy was responding to an emergency call and did not activate his siren, and the record was unclear as to whether he..., Case Law Alert - 2nd Qtr 2010
Appellate courts lack jurisdictional appellate review of trial court's correction of arbitration award when trial court rationally explains its reasoning and reasoning is grounds for correction under Alternative Procedure for Dispute Resolution Act.
Law Alerts · April 1, 2010
Brent Keys underwent a series of spinal treatments as a result of injuries sustained in a motor vehicle accident at the plaintiff's, Fort Lee Surgery Center, facilities. The defendant, Proformance Insurance Company, claimed that this treatment was..., Case Law Alert - 2nd Qtr 2010
A party maintaining a rail crossing under court order must yield to New York Department of Ttransportation's order to close the crossing under the state's police power to ensure public safety on its railways.
Law Alerts · April 1, 2010
A 1989 state court order directed Conrail to restore and maintain a rail crossing on the plaintiff's land. Under the order, Conrail, and successor CSX Transportation Inc., have maintained and improved the crossing. In 1994, New York's Legislature..., Case Law Alert - 2nd Qtr 2010
Tort law applies to proceedings that result from the automobile accident, and contract law governs only those aspects of the underinsured motorist claim that are not controlled by the resolution of facts arising from the accident.
Law Alerts · April 1, 2010
An underinsured driver struck the insured-plaintiff's vehicle. The insured tendered bodily injury policy limits to her insurer, State Farm. The insured then offered, in writing, to settle with the insurer and kept the offer open for 30 days. When..., Case Law Alert - 2nd Qtr 2010
Absent additional evidence, a sheriff's deputy's failure to activate his sirens and lights while responding to an emergency call does not rise to the level of willful and wanton behavior and is, therefore, protected under sovereign immunity.
Law Alerts · April 1, 2010
The plaintiff-appellants were injured as a result of the plaintiff's motorcycle collided with a deputy sheriff's vehicle. The deputy was responding to an emergency call and did not activate his siren, and the record was unclear as to whether he..., Case Law Alert - 2nd Qtr 2010
A verdict is not excessive because it is greater than what an experienced judge might expect in similar circumstances.
Law Alerts · January 1, 2010
This action stemmed from a motor vehicle accident in which the plaintiff's vehicle was struck head-on by the defendant's. The jury found the defendant to have been negligent and awarded plaintiff $1 million for pain and suffering, $110,000..., Case Law Alert - 1st Qtr 2010
The defendant port authority's alleged negligent placement of a bus wheelchair ramp did not fall within the vehicle exception to sovereign immunity because neither the ramp nor the bus was moving at the time of plaintiff's alleged injury.
Law Alerts · January 1, 2010
The defendant Port Authority's alleged negligent placement of a bus wheelchair ramp did not fall within the vehicle exception to sovereign immunity because neither the ramp nor the bus was moving at the time of the plaintiff's alleged injury. The..., Case Law Alert - 1st Qtr 2010
When a plaintiff seeks compensation from its uninsured motorist carrier, the party is not waiving its right to seek compensation from a defendant.
Law Alerts · January 1, 2010
This action arises out of a motor vehicle collision in which the plaintiff was rear-ended by the defendant's vehicle and filed a subsequent negligence claim. The defendant claims that the cause of the accident was by an unidentified "phantom" third-..., Case Law Alert - 1st Qtr 2010
The plaintiff must establish a "serious injury" under §§ 5102(d) and 5104(a) in order to recover for "non-economic loss."
Law Alerts · January 1, 2010
The plaintiff was a passenger on the defendant's bus and sued to recover personal injury damages allegedly arising out a motor vehicle collision between the defendant's bus and a third party's vehicle. The plaintiff must establish a "serious injury..., Case Law Alert - 1st Qtr 2010
The defendant's good-faith efforts to obtain additional verification about the offending vehicle being uninsured constituted good cause for not addressing plaintiff's claim.
Law Alerts · January 1, 2010
The plaintiff moved for summary judgment in this no-fault action arising from a pedestrian "knockdown" accident. The defendant requested to respond to the plaintiff's discovery demands. The plaintiff submitted claims on behalf of its assignor, and..., Case Law Alert - 1st Qtr 2010
Defendant fails to rebut plaintiff's prima facie evidence of negligence where defendant rear-ended a stopped vehicle in heavy traffic, even though defendant was only driving five miles per hour.
Law Alerts · January 1, 2010
The plaintiffs sought to recover damages for personal injuries they allegedly sustained due to a motor vehicle accident where the defendant rear-ended the plaintiff's vehicle. The court ruled a rear-end collision with a stopped vehicle established..., Case Law Alert - 1st Qtr 2010
The Superior Court upheld an insurance policy's venue clause requiring a consumer to file suit in the county in which he or she lives.
Law Alerts · January 1, 2010
The Superior Court upheld an insurance policy's venue clause requiring a consumer to file suit in the county in which he or she lives, addressing an issue of first impression created by the abolition of the Pennsylvania's Insurance Department's..., Case Law Alert - 1st Qtr 2010
Where appellant argues that the weight of the evidence requires a new trial, an appellate court cannot address appellant's arguments without resorting to complete relevant portions of the transcript of the trial proceedings.
Law Alerts · January 1, 2010
This action arises out of a motor vehicle accident where the defendant-driver's vehicle slid into the back of the victim's vehicle at an intersection. The parties stipulated that the driver's negligence caused the accident. The jury returned a..., Case Law Alert - 1st Qtr 2010
A jury is permitted to reject an uncontested expert's opinion regarding the plaintiff's "permanent" injuries in reaching the verbal threshold for awarding noneconomic damages.
Law Alerts · January 1, 2010
The plaintiff sued for damages resulting from an automobile rear-end collision. Under New Jersey's Automobile Insurance Cost Reduction Act, N.J.S.A. § 39:6A-8(a), a plaintiff cannot recover non-economic damages unless he overcomes the verbal..., Case Law Alert - 1st Qtr 2010
Defendant fails to rebut plaintiff's prima facie evidence of negligence where defendant rear-ended a stopped vehicle in heavy traffic, even though defendant was only driving five miles per hour.
Law Alerts · January 1, 2010
The plaintiffs sought to recover damages for personal injuries they allegedly sustained due to a motor vehicle accident where the defendant rear-ended the plaintiff's vehicle. The court ruled a rear-end collision with a stopped vehicle established..., Case Law Alert - 1st Qtr 2010
Where appellant argues that the weight of the evidence requires a new trial, an appellate court cannot address appellant's arguments without resorting to complete relevant portions of the transcript of the trial proceedings.
Law Alerts · January 1, 2010
This action arises out of a motor vehicle accident where the defendant-driver's vehicle slid into the back of the victim's vehicle at an intersection. The parties stipulated that the driver's negligence caused the accident. The jury returned a..., Case Law Alert - 1st Qtr 2010
A jury is permitted to reject an uncontested expert's opinion regarding the plaintiff's "permanent" injuries in reaching the verbal threshold for awarding noneconomic damages.
Law Alerts · January 1, 2010
The plaintiff sued for damages resulting from an automobile rear-end collision. Under New Jersey's Automobile Insurance Cost Reduction Act, N.J.S.A. § 39:6A-8(a), a plaintiff cannot recover non-economic damages unless he overcomes the verbal..., Case Law Alert - 1st Qtr 2010
The Superior Court upheld an insurance policy's venue clause requiring a consumer to file suit in the county in which he or she lives.
Law Alerts · January 1, 2010
The Superior Court upheld an insurance policy's venue clause requiring a consumer to file suit in the county in which he or she lives, addressing an issue of first impression created by the abolition of the Pennsylvania's Insurance Department's..., Case Law Alert - 1st Qtr 2010
Events
Insurance Fraud Perspectives 2012 SIU Fraud Seminar
Seminar · Jun 7, 2012