Defense Digest, Vol. 29, No. 2, June 2023

Vol. 29, No. 2, June 2023

Delaware

General Liability

Delaware ‘Meet and Confer’ Rule Requires Human Contact??!

Florida

General Liability

Plaintiff Does Not Have to Pay for It and Neither Should You: Preventing Plaintiff’s Introduction of Past Medical Expenses that Have Been Adjusted and/or Written Off by Collateral Source Payments

New Jersey

Accountants’ Professional Liability

Develop the Helpful Habits to Ward Off Litigation

Architectural, Engineering and Construction Defect Litigation

Pay-if-Paid Clause in Construction Contract Found to Be Enforceable

Third Circuit Finds Paid Time Is Not Part of an Employee's Salary Under the Fair Labor Standards Act

Environmental & Toxic Tort Litigation

What to Know About the EPA’s Proposed Nationwide Drinking Water Standards for So-Called ‘Forever Chemicals’

Premises and Retail Liability

Redefining the Scope of the Ongoing Storm Rule: What Recent New Jersey Appellate Division Decisions Tell Us About the Future of the Doctrine

Workers’ Compensation

The Credibility of Injured Workers and Experts Can Make or Break a Case

New York

Fraud/Special Investigation

Scheme to Defraud Insurance Carriers May Leave ‘Runners’ Walking Behind Bars

Pennsylvania

Architectural, Engineering and Construction Defect Litigation

Shoddy Home-Improvement Contracting? Grounds for Recovering Treble Damages and Attorney Fees Under Pennsylvania Home Improvement Consumer Protection Act and Pennsylvania Unfair Trade Practices and Consumer Protection Law

Health Care Liability

On the Horns of a Trial Dilemma: Addressing a Prior Conviction on Direct Examination or Waiving the Right to Contest the Admissibility on Appeal

Premises and Retail Liability

The National Spotlight on Traumatic Brain Injuries and its Growing Prevalence in the Legal Industry

Property Litigation

Assignment of Benefits Contractor Precluded from Recovery Pursuant to Mortgagee Clause

_{Defense Digest, Vol. 29, No. 2, June 2023,}_{is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2023 Marshall Dennehey. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.}