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New Jersey Retail Liability April 1, 2019
This is another case where timing matters. The plaintiff arrived at Wal-Mart after it had been snowing heavily for approximately three hours. At that time, the snow removal contractor had been on site for approximately one hour, performing snow..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Ohio Insurance Coverage/Bad Faith Litigation April 1, 2019
The Ohio Supreme Court has revisited, affirmed and applied its earlier decision in Westfield Ins. Co. v. Custom Agri Systems, Inc. 133 Ohio St.3d 476, holding that an “insurer is not required to defend a commercial-general-liability..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
New Jersey Health Care Liability April 1, 2019
The plaintiff visited the emergency department after experiencing several days of abdominal pain. The defendant performed a laparoscopic diagnostic procedure in anticipation of removing the plaintiff’s appendix, although diagnostic tests did..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Florida Professional Liability April 1, 2019
When an insurance company retains a law firm to represent an insured to defend a lawsuit, can the insurance company sue the law firm for legal malpractice if it is not satisfied with the law firm’s defense of its insured? The Fourth District..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Pennsylvania Health Care Liability April 1, 2019
The Pennsylvania Supreme Court was faced with the issue of whether the plaintiff satisfied the discovery rule as to toll the running of the statute of limitations in her medical malpractice action. The plaintiff had been bitten by a tick and began..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Florida Professional Liability April 1, 2019
The Fifth District Court of Appeal certified the following question to the Florida Supreme Court as one of great public importance: Whether the analysis and decision in Worley should also apply to preclude a defense law firm that is not a party to..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
New Jersey Amusements, Sports and Recreation Liability April 1, 2019
The Superior Court rejected the plaintiff’s argument, holding that a metal pole used to strike a piñata is not a dangerous condition on the property. The pole broke while the plaintiff was using it to strike the piñata, causing..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Federal Appellate Advocacy and Post-Trial Practice April 1, 2019
The district court certified a plaintiff class in the case but later reconsidered and decertified the class. Under Federal Rule 23(f), the named plaintiff would have had 14 days to seek review of that decertification order in the court of appeals...., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Florida Professional Liability April 1, 2019
The mother of Brittany Oliver, a developmentally disabled person, appealed the trial court’s final order dismissing the second amended complaint with prejudice against the University of Miami School of Law’s Children & Youth Law..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
New Jersey Amusements, Sports and Recreation Liability April 1, 2019
The Superior Court found that the trial judge failed to make the required finding of fact in support of his denial of the defendant’s motion to compel arbitration. The denial of defendant’s motion was vacated. The trial court had merely..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...

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