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Iowa Automobile Liability January 19, 2018
Two foreign insurers were sued for denying uninsured motorist benefits. The automobile accident occurred in a county between residents who reside in different counties than the area where the accident occurred. The plaintiff filed a lawsuit in a..., Case Law Alerts, 1st Quarter, January 2018 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...
Federal Maritime Litigation January 19, 2018
The United States Court of Appeals for the Third Circuit, in a precedential, en banc decision, ruled that judges may not modify the terms of a seafarer’s labor contract without evidence of unfairness in the collective bargaining process. This..., Case Law Alerts, 1st Quarter, January 2018 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...
Delaware Workers' Compensation January 19, 2018
The claimant filed a legal motion seeking to dismiss the employer’s termination petition as having been filed in violation of § 2347 of the Act. The Board disagreed and dismissed the motion. The Board cited the Supreme Court’s..., Case Law Alerts, 1st Quarter, January 2018 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...
Florida Automobile Liability January 19, 2018
The plaintiff brought a negligence action against the driver of a tractor trailer who struck a van in which the plaintiff was a passenger. During the trial, a state trooper testified about his opinions regarding the positioning of the vehicles prior..., Case Law Alerts, 1st Quarter, January 2018 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...
New York General Liability January 19, 2018
The Appellate Division, First Department affirmed denial of summary judgment to a building owner in a trip and fall case based on allegedly inadequate lighting. The plaintiff died after the accident, but his accident was caught on tape, which was..., Case Law Alerts, 1st Quarter, January 2018 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...
Delaware Workers' Compensation January 19, 2018
Both parties agreed that the claimant had proven a recurrence of his work-related disability. The narrow issue was whether the claimant had voluntarily withdrawn from the workforce during the period he was receiving partial disability. The court..., Case Law Alerts, 1st Quarter, January 2018 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...
Florida Automobile Liability January 19, 2018
The trial court ruled that the plaintiff failed to satisfy a condition precedent to her suit against her insurance company. The plaintiff sued her insurance company for uninsured motorist benefits, alleging that all conditions precedent to..., Case Law Alerts, 1st Quarter, January 2018 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...
Delaware General Liability January 19, 2018
The plaintiff had Verizon equipment in his home. A fire broke out. He and his wife allegedly saw the fire coming directly from Verizon’s equipment. The fire marshal determined there was a malfunction with the Verizon box, which caused fire..., Case Law Alerts, 1st Quarter, January 2018 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...
New Jersey Workers' Compensation January 19, 2018
Finding that the plaintiff failed to demonstrate that his workplace accident met the intentional wrong standard to allow him to seek damages from his employer, the court granted summary judgment in favor of the defendant. The plaintiff appealed. In..., Case Law Alerts, 1st Quarter, January 2018 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...
New Jersey Amusements, Sports and Recreation Liability January 19, 2018
The appellate court reversed the dismissal based on waiver and application of Stelluti v. Casapenn Enterprises, L.L.C., 203 N.J. 286. The plaintiff tripped over a weight belt left on the floor by another gym member. The evidence showed the trainer..., Case Law Alerts, 1st Quarter, January 2018 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...

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