Monthly Archives April 2020

New Jersey Appellate Court Excludes Expert Testimony as Net Opinion

An Appellate Division panel in New Jersey has affirmed a lower court order barring a plaintiff’s expert from testifying at trial because his conclusions were net opinion, offering no basis for the opinion that a sidewalk was a dangerous condition at the time of a slip and fall. In Fisher v. Yum Yum Bagel Café, plaintiff, a 75-year-old woman, was vacationing in New York City and staying in Cliffside Park. After returning from a trip to the city, she was walking to her residence when her “right foot was caught” on a raised edge surround a handicap ramp. As she
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Contractor seeking indemnity in a construction defect litigation survives summary judgment, court dismisses bad faith and promissory estoppel claims against insurer

A Federal District Court judge in South Carolina has determined that material questions remain for trial in a complex insurance matter tied to an underlying construction defect class action against Dan Ryan Builders, LLC. Dan Ryan Builders West Virginia, LLC et al. v. Main Street America Assurance Co., No. 2:18-cv-00589-SCN (D.S.C.), arose from a dispute between Dan Ryan Builders and a class of homeowners living in allegedly damaged houses in a South Carolina subdivision known as Foxbank. The construction company hired several subcontractors to construct Foxbank, and the subcontractors’ insurers are the defendants ultimately sued to defend and indemnify Dan
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