Results

In this civil rights litigation, we obtained summary judgment and the dismissal of all claims against a Pennsylvania City and one of its police officers. The court found that the traffic stop of the plaintiff was proper and did not violate his constitutional rights. The plaintiff filed a federal civil rights action against the police officer and the City, alleging that his Fourth Amendment rights were violated because of unlawful search and seizure as well as a malicious prosecution.

We defeated a plaintiff’s petition for certification to the New Jersey Supreme Court in a tortious interference and defamation action against an attorney for a lender bank. The New Jersey Appellate Division had affirmed a trial court decision granting summary judgment in a $10 million tortious interference and defamation case filed by borrowers against the attorneys for a lender bank. This case arose out of an underlying deficiency and foreclosure action filed by a bank due to the plaintiff’s failure to repay a multi-million dollar loan used to finance the purchase of real estate.

We successfully represented an attorney who was sued by a former client after representing that client in a personal injury action. The plaintiff alleged the attorney failed to file suit within the time allowed by the Statute of Limitations. We argued in our summary judgment motion that the attorney sent two letters to the plaintiff, advising that the attorney would not file suit and further informing the plaintiff when the Statute of Limitations would expire.

We obtained summary judgment for an insurance carrier client that had been sued by another insurance carrier for more than $1.6M in damages arising out of a fire loss. The opposing insurance company had paid $1.6M in damages and intended to pursue a product liability claim against a vehicle manufacturer, alleging that a defectively manufactured vehicle had caused the fire to an auto repair facility. Our client insured the vehicle that was allegedly defective.

We successfully obtained a prejudgment writ of execution in an environmental subrogation case. This case involved a claim for contribution towards investigation and remediation expenses incurred by our client at the home of its insureds. Forensic age-dating revealed that the contamination predated the insureds’ purchase of the property. We sued the prior owner who had developed the property and had taken steps to conceal the contamination.

We obtained a dismissal of an ethics grievance filed against our client, a school law attorney who represented a school board and a school district. The grievance included allegations of ex parte communications with the administrative law judge, undue influence over the court, and conflict of interest based on a mediator’s spouse being retained by this attorney’s firm.

Our retail client faced a class action suit alleging claims it charged Pennsylvania state tax on face masks/coverings during the COVID-19 pandemic (when they were not subject to sales tax). The plaintiff on his own behalf and on behalf of the putative class alleged claims for violations of the Pennsylvania Unfair Trade Practices Consumer Protection Law and the Pennsylvania Fair Credit Extension Uniformity Act, as well as common law claims for unjust enrichment, fraud and misappropriation/conversion.

The decision, which reversed the trial court and Superior Court, reinstated a jury verdict in favor of our clients. Following a defense verdict, the trial court awarded a new trial based on a question posed by defense counsel, who was not a Marshall Dennehey attorney. The Superior Court affirmed the award of a new trial, but the Supreme Court reversed and reinstated the defense verdict on the basis that defense counsel’s question was neither improper nor prejudicial.

Despite dueling expert affidavits, Marshall Dennehey attorneys won summary judgment in a premises matter in the Connecticut Superior Court Middlesex Judicial District. The plaintiff claimed negligence against our client, a mattress retailer, for a hazardous and defective condition in the store. The defect alleged was a tile-carpet transition claimed to be approximately one-half of an inch in differential, as well as a “slope” in the continuing carpet that created a friction co-efficient that caused the plaintiff to fall.

After suffering severe brain damage in a motor vehicle accident, the plaintiff brought claims of negligence and recklessness against our restaurant client and other various defendants, including the owners and operator of the offending vehicle, who was charged with multiple criminal offenses (still pending) for operating under the influence. On behalf of our client, cross-claims were asserted for contribution and indemnification.