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Law Alerts

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Property owners owe business invitees a duty to provide a safe “ingress and egress,” including a duty to warn or protect against hazards on adjacent property, depending on where the defect is.
Delaware • General Liability • July 1, 2019
The plaintiff filed suit after she fell in a broken concrete hole a few feet from the defendant’s property. The accident occurred as she was leaving the property after eating there with her family. The defendant filed a motion for summary..., Case Law Alerts, 3rd Quarter, July 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...
Use of medical marijuana under Compassionate Use Act not a protected characteristic under the NJ LAD; however, the condition giving rise to the prescription may be considered a disability, NJ LAD may impose an obligation to accommodate its medicinal use.
New Jersey • Employment Law • July 1, 2019
The plaintiff was a cancer patient who had been prescribed medicinal marijuana. Shortly after informing his employer of his usage, he was terminated. The plaintiff brought suit, alleging the employer was required to accommodate his disability by..., Case Law Alerts, 3rd Quarter, July 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...
A claimant’s duties as a caretaker for a woman suffering from mild dementia come within the domestic service exception to the Workers’ Compensation Act; therefore, claimant’s injuries are not compensable.
Pennsylvania • Workers' Compensation • July 1, 2019
The claimant suffered injuries while taking care of her employer, a woman suffering from mild dementia. After the claimant filed a claim petition, the employer filed its answer, alleging that the claimant was precluded from benefits under the..., Case Law Alerts, 3rd Quarter, July 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...
U.S. Supreme Court sets forth new test for product manufacturer’s duty to warn under maritime law.
Federal • Maritime Litigation • July 1, 2019
This maritime tort law case involved Navy veterans claiming they developed cancer as a result of asbestos exposure on Navy ships and in naval shipyards. The plaintiffs sued certain equipment manufacturers whose original products did not contain..., Case Law Alerts, 3rd Quarter, July 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...
Insurer entitled to summary judgment on bad-faith claim unless insured can establish a “nexus” between damages claimed and the alleged cause of loss.
Pennsylvania • Insurance Coverage/Bad Faith Litigation • July 1, 2019
The pro se plaintiff filed suit over a denial of benefits under her homeowner’s policy. The plaintiff was adamant that a piece of her backyard tree was struck by lightning, fell and damaged copper pipes encased in concrete underneath the home..., Case Law Alerts, 3rd Quarter, July 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...
Because the claimant’s employment was exclusively in Delaware at the time of the work injury, the dismissal of his claim for lack of jurisdiction under § 305.2 (a)(1) of the Act was proper.
Pennsylvania • Workers' Compensation • July 1, 2019
The claimant worked as a union carpenter for the employer, who had a permanent job site located within an oil refinery in the state of Delaware. While working at the employer’s Delaware facility, the claimant was injured. The employer accepted..., Case Law Alerts, 3rd Quarter, July 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...
Plaintiff lacked expert testimony as to the allegedly defective design and breach of warranty claims and plaintiff’s failure to warn claim failed on the basis of the learned intermediary doctrine.
Connecticut • Product Liability • July 1, 2019
The plaintiff underwent spinal surgery at Hartford Hospital. The procedure included a posterolateral fusion in which the plaintiff’s surgeon implanted various components of the defendants’ spinal system product. A second surgery revealed..., Case Law Alerts, 3rd Quarter, July 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...
Judicial review of a final award in appraisal is “severely limited.”
Pennsylvania • Insurance Coverage/Bad Faith Litigation • July 1, 2019
The Superior Court reviewed a trial court order granting summary judgment in favor of an insurer on claims for breach of contract and bad faith. The underlying case centered on provisions in a commercial property policy that governed appraisal. The..., Case Law Alerts, 3rd Quarter, July 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...
Proving entitlement to benefits for cancer and meeting reporting requirements of § 301(f).
Pennsylvania • Workers' Compensation • July 1, 2019
In reviewing the evidence, the workers’ compensation judge found that: (1) the claimant established being engaged in firefighting activities for more than four years; (2) prior to his cancer diagnosis, he did not show any signs of cancer; (3)..., Case Law Alerts, 3rd Quarter, July 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...
Only consideration relevant to grant of summary judgment based on Ongoing Storm Doctrine is whether the storm was ongoing at time of alleged accident. All other considerations are not “material facts.”
New Jersey • Retail Liability • July 1, 2019
The plaintiff alleged she slipped and fell in a Wal-Mart parking lot while it was snowing. The Wal-Mart store opened at 6:00 a.m., and Wal-Mart’s snow removal contractor, Tree Fellas, LLC, arrived onsite between 6:00 a.m. and just after 7:00 a..., Case Law Alerts, 3rd Quarter, July 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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