New York Appellate Division Makes New Law By Granting Summary Judgment To Defendant On Comparative Fault

In a first-of-its-kind ruling, New York’s Appellate Division, First Department has granted summary judgment in favor of a defendant on the issue of a plaintiff’s comparative negligence. Lewis Brisbois’ New York office handled the matter of Leathers v. Approved Oil Co. of Brooklyn, Inc., decided on January 17, 2023, wherein the plaintiff’s decedent was struck and killed by the defendant’s fuel truck at a Bronx intersection.

The lower court denied both parties’ motions for summary […]

By | February 13th, 2023 ||

Florida Court Dismisses Telemarketing Claims For Failure To Plead Injury; Defendant Appeals To Eleventh Circuit

Courts continue to grapple with issues surrounding Florida’s Telephone Solicitation Act, including what types of claims are sufficient to allege a concrete injury in fact to establish standing under Article III.

In December, the saga continued, with a federal court in Florida finding that the plaintiff did not adequately allege injury despite receiving five unsolicited text messages from the defendant between November 2020 and July 2021. In Muccio v. Global Motivation, Inc., the plaintiff filed a five-count class action […]

By | February 10th, 2023 ||

Goodwin Wins Appeal Of Certification Of Nationwide Class In ERISA Lawsuit

On December 1, 2022, the U.S. Court of Appeals for the Second Circuit vacated and remanded a district court’s decision to certify a class of more than 200,000 retirees alleging that collateralized loans serviced by the Teachers Insurance and Annuity Association of America (TIAA) are prohibited transactions under ERISA. This decision provides guidance beyond the ERISA context regarding what courts are required to consider when conducting a “predominance” inquiry before certifying a class under Rule 23(b)(3) […]

By | February 6th, 2023 ||