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Affirming Judgment in Favor of Defendants in Slip and Fall on Snow and Ice Pursuant to Choice of Ways and Assumption of the Risk Doctrine

Video surveillance is often available covering many public places, drastically changing the defense and evaluation of many previously difficult to defend slip and fall cases. In a recent case, Margolis Edelstein defended a shopping center tenant and snow removal company in an alleged slip and fall...

USDC 3rd Circuit holding: Manufacturers May Be Liable for Products They Did Not Manufacture, Supply, or Place Into the Stream of Commerce

The Third Circuit Finds That Manufacturers May Be Liable for Products They Did Not Manufacture, Supply, or Place Into the Stream of Commerce.  In In re Asbestos Prods. Liab. Litig., 2017 U.S. App. LEXIS 19118 (3d Cir. October 3, 2017), the United States Court of Appeals for the Third...

The Superior Court reiterates that the Economic Loss Doctrine applies only when there is no claim for physical injury or property damage

Donaldson v. Davidson Brothers, Inc., 2016 PA Super 150, involves a three-way fatal motor vehicle accident with a very complex procedural history. On June 16, 2008 on Route 322 in Potter Township, Centre County, a tractor trailer owned by Davidson Brothers and driven by George Donley was...

Defending the New Jersey Condominium Association and its Property Manager

In 1989, the New Jersey legislature enacted statutory immunity, under certain circumstances, to “qualified common interest communities,” or residential communities comprised of at least four units wherein owners are obliged to contribute to maintenance, improvements, and insurances ....

Pennsylvania Supreme Court Clarifies Definition of “Current Employee” for the Purposes of Personnel Records Inspection

The Pennsylvania Supreme Court recently clarified the definition of "current employee" for the purposes of the Pennsylvania Inspection of Employment Records Law, 43 Pa. Stat. Ann. § 1321 et seq., holding that the a recently terminated employee was not entitled to inspect her personnel...

Is My Non-Compete Enforceable?

An employment relationship is like a marriage.  Both husband and wife enter the arrangement with good intentions, and neither side really contemplates divorce on the wedding day.  While many employers require employees to enter into restrictive covenants - “non-competes” - as a condition of...

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