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Relaxed federal pleading requirements render dismissal of bad faith count “impossible” pre-discovery.
Pennsylvania • Insurance Coverage/Bad Faith Litigation • April 1, 2019
The plaintiff filed suit under a homeowner’s policy, alleging breach of contract and statutory bad faith under 42 Pa. C.S.A. 8371. The defendant moved to dismiss the bad faith count for demurrer and insufficient specificity. In denying the..., 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...
For death benefits to be paid to dependent beyond the age of 18, must prove that dependent’s physical impairment causes a disability that makes it impossible to earn an income.
Pennsylvania • Workers' Compensation • April 1, 2019
The Commonwealth Court noted that Section 307 of the Act states that payment of dependency benefits are payable to a child until they are 18 years old; until they are 23 years old if they are enrolled as a full-time student in an accredited..., 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...
When a commercial landowner complies with the “bare minimum” safety standards required by law and there are no witnesses or explanation as to the circumstances of the accident, summary judgment in favor of defendant is appropriate.
New Jersey • General Liability • April 1, 2019
As defense counsel, sometimes we are faced with heartbreaking facts of undeniable accidents. However, it is important to remain confident that the mere happening of an accident, no matter the severity, does not prove negligence. Here, the plaintiff..., 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...
Discovery of similar claims evidence in 42 Pa. C.S.A. 8371 bad faith cases remains “disfavored” in the Third Circuit.
Pennsylvania • Insurance Coverage/Bad Faith Litigation • April 1, 2019
The plaintiff insured moved to compel the defendant’s responses to interrogatories, requesting disclosure of any bad faith suits filed against the insurer within the past ten years. The defendant argued this was a violation of the Due Process..., 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...
Conferring jurisdiction to Pennsylvania authorities under the Act for injury occurring in New Jersey.
Pennsylvania • Workers' Compensation • April 1, 2019
The employer was a subcontractor for the Delaware River Port Authority. The claimant, a Philadelphia resident, was hired out of his local union hall. On the date of the injury, the claimant had been working on both the Pennsylvania and New Jersey..., 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...
Summary judgment is not appropriate where a rational jury could go either way based on conflicting expert reports making fact-based opinions.
New Jersey • General Liability • April 1, 2019
The plaintiff was a leasee of a unit in a three-family dwelling in Newark that was owned by the defendants. During a freezing-rain storm, the plaintiff attempted to descend the front stairs of his apartment, which were made of brick, when he slipped..., 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...
If full wages are paid for day of injury occurred, the day after is counted as first day of disability.
Pennsylvania • Workers' Compensation • April 1, 2019
The claimant sustained a low back strain at work and received his full pay from the employer on the date of injury. After the injury, the claimant did not return to work. The employer issued a notice of temporary compensation payable (NTCP), which..., 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...
An oil platform permanently affixed to the sea floor is not a “vessel”; therefore, plaintiff could not avail himself of Jones Act or general maritime law remedies.
Federal • Maritime Litigation • April 1, 2019
This action involved a slip-and-fall incident that occurred on an oil platform permanently affixed to the sea floor in the Gulf of Mexico. The plaintiff was working as a galley-hand and cook at the time of the incident. He filed suit against the..., 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...
Summary judgment warranted when alleged personal injury on commercial property due to maintenance hazard is based on conjecture that is not supported by actual evidence.
New Jersey • Retail Liability • April 1, 2019
This case speaks to so many defense attorneys who are tasked with defending our clients against slip-and-fall plaintiffs who cannot articulate or prove the claimed “hazard” that purportedly caused their injuries. In this federal case out..., 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...
“Split in authority” makes federal court the preferred forum for defending a UTPCPL claim.
Pennsylvania • Insurance Coverage/Bad Faith Litigation • April 1, 2019
The plaintiff filed suit alleging violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL), among other counts. The defendant moved to dismiss the UTPCPL claim, arguing the economic loss doctrine barred recovery..., 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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