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Law Alerts

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Pennsylvania Superior Court holds that compliance with industry standards is not prima facie evidence that a product’s design is effective and non-defective.
Pennsylvania • Product Liability • January 1, 2019
The plaintiffs in this mass tort product liability action were firefighters who allegedly suffered permanent hearing loss due to exposure to a siren manufactured by the defendant. Proceeding under a risk-utility theory of product liability, the..., Case Law Alerts, 1st Quarter, January 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...
It is not dispositive of bad faith under Pa.R.C.P. § 8371 if a carrier does not immediately attend to a formal demand.
Pennsylvania • Insurance Coverage/Bad Faith Litigation • January 1, 2019
The plaintiff sued his carrier for bad faith under § 8371, claiming unreasonable delay in the handling of his UIM claim. The carrier had informed the plaintiff of its intent to further investigate the claim three months after a formal demand..., Case Law Alerts, 1st Quarter, January 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...
Collision of student and teacher at a student fundraising basketball game is dismissed without evidence of recklessness.
New Jersey • Amusements, Sports and Recreation Liability • January 1, 2019
The plaintiff’s appeal of the dismissal of her claim was denied. Her claim of negligence and intentional conduct for a collision did not present evidence of negligent supervision , recklessness or intent. As there were no facts to support the..., Case Law Alerts, 1st Quarter, January 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...
Deference to the jury – it’s not on the law but discretionary balancing.
New York • Trucking & Transportation Liability • January 1, 2019
The court denied the defendant’s CPLR 4404(a) motion to set aside a jury verdict in favor of the plaintiff. The defendant’s motion to set aside was on the issue of liability. The plaintiff commenced a wrongful death action as a result of..., Case Law Alerts, 1st Quarter, January 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...
Plaintiff must describe “who, what, where, when and how” alleged bad faith conduct under Pa.R.C.P. § 8371 occurred to avoid dismissal.
Pennsylvania • Insurance Coverage/Bad Faith Litigation • January 1, 2019
In this declaratory judgment action, the carrier filed a motion to dismiss a § 8371 bad faith counterclaim based on the defendant’s failure to plead it with specificity. The court granted the motion and dismissed the claim for a failure..., Case Law Alerts, 1st Quarter, January 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...
No exceptional circumstances found to file a notice of tort claim after inmate was sexually assaulted while in prison.
New Jersey • Public Entity and Civil Rights Litigation • January 1, 2019
The plaintiff was sexually assaulted while incarcerated. She did not file a notice of tort claim within the requisite 90 days because she was not aware of this requirement. Upon her release, she retained an attorney. Five months later, she sought..., Case Law Alerts, 1st Quarter, January 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...
Injury at water fountain dismissed as no liability on public entity.
New Jersey • Amusements, Sports and Recreation Liability • January 1, 2019
The plaintiff’s claim was dismissed as no liability was found on the public entity for the condition of the water fountain. The plaintiff was playing football with friends in the city park. He went to get a drink and fell, fracturing his knee..., Case Law Alerts, 1st Quarter, January 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...
Plaintiff's refusal of blood transfusion leads to precedent for the admission of a consent form even when there is no informed consent claim in the case, post Brady.
Pennsylvania • Health Care Liability • January 1, 2019
The plaintiff, Estate of Terri Seels-Davila, claimed the defendants, Hahnemann University Hospital and Drexel University College of Medicine, negligently managed the decedent’s labor and delivery, resulting in her death. The plaintiff, a..., Case Law Alerts, 1st Quarter, January 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...
SEC settles undisclosed fee charges with a Wisconsin registered investment adviser.
Federal • Securities and Investments Professional Liability • January 1, 2019
Landaas & Co. is a dual registered investment adviser and broker-dealer based in Milwaukee, Wisconsin. The SEC alleged that over an eight-year period, beginning in 1999, Landaas and its principal received undisclosed fees. Specifically, Landaas..., Case Law Alerts, 1st Quarter, January 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...
A directed verdict with regard to liability is not warranted when trial testimony and written discovery establishes the defendant was negligent.
New Jersey • Automobile Liability • January 1, 2019
In this case the defendant admitted to partial liability in his answers to discovery, in the police report, and during his testimony at trial. The plaintiff argued that the court should have found in his favor on the issues of liability, negligence..., Case Law Alerts, 1st Quarter, January 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...

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