Civil Litigation

In Milligan v. Salamone, the Greenberg Taurig lawfirm represented the bankrupt company when it sued a president and board member. No. 1:18-CV-327-RP, 2019 U.S. Dist. LEXIS 41009 (W.D. Tex. March 14, 2019). Greenberg drafted an agreement that would cancel the president’s employment contract, release him from his non-competition and non-solicitation obligations, and promise to pay him any accrued obligations (the “Cancellation Agreement”). A bankruptcy trustee later asserted claims against Greenberg for (1) breach of fiduciary…
In the recently decided case of Flynn v. Flynn, a New Jersey appeals court was faced with whether to apply New Jersey or Pennsylvania child support law regarding a parent’s obligation to an eighteen-year-old full-time college student. Although Flynn was fact-specific due to the parties’ prior legal entanglements, the decision explores the substantial differences between Pennsylvania and New Jersey with respect to child support.…
In the event you need CLE credits, I wanted to note some upcoming CLE presentations I have on the calendar. Next week, on Thursday April 25, 2019, I will be presenting a Tort Talk Top 10 Practical Tips at the NEPA Trial Lawyers Association Personal Injury Potpourri set to take place all day at the Mohegan Sun Hotel and Conference Center in Wilkes-Barre, PA.  You will have to get up early if you would like to see…
In this week’s episode of “Bull,” Dr. Bull and team are representing Trent Bolton, a retired FBI-agent-turned-bounty-hunter whose first gig goes wildly off the rails: He finds his mark, threatens him with a gun, knocks him unconscious, zip-ties his hands and tosses him into his trunk for a secure delivery to the bail bondsman. Unfortunately, the guy in the trunk—Michael Cole—isn’t the actual target. Oops. Upon learning of his mistake, Bolton takes the unconscious Cole…
The class action plaintiffs in Zak v. Bose Corp., 2019 WL 1437909 (N.D.Ill. 2019) sued the Massachusetts-based headphone behemoth claiming its mobile application (“App”) secretly intercepted plaintiffs’ music selections and sold the information to a third party. Plaintiffs sued under the Federal wiretap act, and lodged state law claims under Illinois’s eavesdropping and consumer fraud statutes. Bose moved to dismiss the entire Complaint. Partially granting and partially denying Bose’s motion, the Northern District provides a…
In the case of Flanigan v. Ellwood City Hospital, No. 30007-CV-2017 (C.P. Lawrence Co. Feb. 6, 2019 Cox, J.), the court found that a Plaintiff did not attempt to complete service of a Writ upon a Defendant doctor in a medical malpractice action with good faith efforts such that the Plaintiff’s cause of action was deemed to be barred by the applicable statute of limitations.   According to the Opinion, the Plaintiff was injured while riding…
This is a familiar fact pattern. A parent transfers family home to joint ownership with new wife. At death of parent, the children claim undue influence. Perhaps, the answer is for the parent to just transfer a life estate to the new wife, unless the intention is not to leave the property to the children. Mastrantoni v Mancini, 2019 NY Slip Op 02698, Decided on April 10, 2019, Appellate Division, Second Department: “The plaintiff commenced…
This is a familiar fact pattern. A parent transfers family home to joint ownership with new wife. At death of parent, the children claim undue influence. Perhaps, the answer is for the parent to just transfer a life estate to the new wife, unless the intention is not to leave the property to the children. Mastrantoni v Mancini, 2019 NY Slip Op 02698, Decided on April 10, 2019, Appellate Division, Second Department: “The plaintiff commenced…
In the case of Gussom v. Teagle, April Term 2018, No. 03821 (C.P. Phila. Co. Jan. 3, 2019 Patrick, J.), the court granted a Defendant’s Preliminary Objections seeking the dismissal of a Plaintiff’s Complaint for failure to complete service before the expiration of the statute of limitations.   This matter arose out of a motor vehicle accident that occurred on July 26, 2016.   The Plaintiff filed a Complaint against the Defendant on April 26, 2018.   The Plaintiff was…