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Law Alerts

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The Pennsylvania Supreme Court accepts review to determine the discoverability of pre-litigation exchange of emails between attorneys and a public relations firm.
Pennsylvania • Health Care Liability • April 1, 2018
The Pennsylvania Supreme Court granted review to determine whether or not the Pennsylvania Superior Court committed an error of law in: (1) holding that a health care system client waives the work-product protection when its counsel exchanges pre-..., Case Law Alerts, 2nd Quarter, April 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 advice...
Where an exclusionary clause can be interpreted in more than one way, the 5th DCA may read it in the way most likely to find coverage.
Florida • Insurance Coverage/Bad Faith Litigation • April 1, 2018
Hicks was insured under an “all risks” policy. While Hicks was out of town for an extended period of time, the water supply line to his refrigerator began to leak, slowly at first and increasing over time to the point that it was leaking..., Case Law Alerts, 2nd Quarter, April 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 advice...
Intent is not required to be proven for a conviction of leaving the scene of an accident.
Delaware • Automobile Liability • April 1, 2018
The defendant, an intoxicated driver, left the scene of an accident that caused the death of a child. The defendant was convicted of leaving the scene of the collision. In his appeal, he asked for a new trial based on the fact that the court failed..., Case Law Alerts, 2nd Quarter, April 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 advice...
Attorney inadvertence in failing to comply with the affidavit of merit statute cannot establish extraordinary circumstances.
New Jersey • Health Care Liability • April 1, 2018
The plaintiffs failed to provide an Affidavit of Merit within the required 120 days. The trial court granted the defendant’s motion to dismiss. After retaining new counsel, the plaintiffs moved to vacate the order of dismissal, arguing their..., Case Law Alerts, 2nd Quarter, April 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 advice...
The Supreme Court reiterates that “clearly established law” is not judged on generalities and must be considered against the particular facts of a case.
Federal • Public Entity and Civil Rights Litigation • April 1, 2018
This case involves a civil suit against the District of Columbia and five of its police officers brought by 16 individuals who were arrested for holding a raucous, late-night party in a house they did not have permission to enter. The United States..., Case Law Alerts, 2nd Quarter, April 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 advice...
Sufficient evidence did not support the jury’s award for future loss of earning capacity because the evidence presented revolved around the plaintiff’s fear of losing her job.
Florida • Automobile Liability • April 1, 2018
The plaintiff was involved in a motor vehicle accident, and the jury awarded her damages for future loss of earning capacity. In order to establish a claim for loss of future earning capacity, a plaintiff must introduce reasonably certain evidence..., Case Law Alerts, 2nd Quarter, April 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 advice...
Court affirms and expands applicability of governmental immunity affirmative defense for private engineering firms.
Pennsylvania • Architectural, Engineering and Construction Defect Litigation • April 1, 2018
Private engineering firms hired to perform a traditional government function of code enforcement for a township are protected from negligence claims by the affirmative defense of governmental immunity under § 8541, et seq. of the Tort Claims..., Case Law Alerts, 2nd Quarter, April 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 advice...
Section 725.06, Florida Statutes, does not apply to contract for excavation not associated with construction, alteration, repair or demolition of a structure.
Florida • Architectural, Engineering and Construction Defect Litigation • April 1, 2018
The trial court held that § 725.06, Florida Statutes, did not apply to a contract between an excavation subcontractor and a general contractor for work involving excavation to access pre-existing utility lines. Section 725.06 provides..., Case Law Alerts, 2nd Quarter, April 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 advice...
Collective knowledge doctrine expanded to include when an arresting officer lacking firsthand knowledge of the facts is working with the investigating officer with firsthand knowledge of the probable cause or reasonable suspicion.
Pennsylvania • Public Entity and Civil Rights Litigation • April 1, 2018
The defendant moved to suppress evidence obtained during the execution of a search warrant by an officer who did not have any firsthand knowledge of the facts creating probable cause for the warrant. The trial court denied the defendant’s..., Case Law Alerts, 2nd Quarter, April 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 advice...
The defendant was not entitled to a writ of certiorari to quash discovery orders requiring him to provide social media and financial records that might reveal he spent money at places that served him alcohol on the night of a motor vehicle accident.
Florida • Automobile Liability • April 1, 2018
The defendant was involved in a hit-and-run accident that resulted in a pedestrian’s death and was charged with various criminal offenses. After the accident, the plaintiff alleged that the defendant “posted” about the accident on..., Case Law Alerts, 2nd Quarter, April 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 advice...

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