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Christopher B. Block

Co-Chair, Real Estate E&O Liability Practice

Portrait of Christopher B. Block

Chris actively defends matters for a variety of clients from individuals to small businesspeople to medium sized and large insurance companies throughout New Jersey and New York. His practice includes matters involving premises liability, product liability, amusements, sports and recreation, construction accidents, automobile, condominium/community association law and dram shop/liquor liability. He also represents home inspectors and real estate agents involved in mold and other environmental claims. Chris defends professional malpractice matters brought against lawyers, real estate professionals, insurance agents and brokers, appraisers, architects and engineers. He has also defended a wide range of employment matters including the defense of gender and race claims.

Christopher has conducted over a dozen jury trials in state and federal venues in both New Jersey and New York, including most recently in Union and Morris counties in New Jersey. At trial he has litigated matters that range from complicated federally based legal malpractice claims to state court casualty cases.

In his career, Chris has defended product liability lawsuits brought against one of the nation's largest crane manufactures and freezer manufacturers. His representation extends to some the nation's largest insurance companies as well as a large brokerage firm.

Chris received his juris doctor from Widener University School of Law and a Bachelor of Science from the University of Pittsburgh. He is admitted to practice in New Jersey and New York.

    • Widener University Delaware Law School (J.D., 1996)
    • University of Pittsburgh (B.S., 1993)
    • New Jersey
    • New York
    • U.S. District Court District of New Jersey
    • Litigation Management Institute, Graduate 2019 (CLMP)
    • Certified Claims Professional (CCP), Claims and Litigation Management Alliance (CLM)
    • New Jersey Bar Association
    • New York Bar Association
    • Professional Liability Defense Federation (PLDF), Director of Membership Development
    • Claims and Litigation Management Alliance (CLM)
    • Casualty Claims Investigation, CLM Claims College School of Casualty Claims – Level 1, September 2025
    • Preparing A Claim for Trial, Marshall Dennehey Client Presentation, April 2025
    • Preparing A Claim for Trial, Marshall Dennehey Client Webinar, February 4, 2025
    • Casualty Claims Investigation, CLM Claims College School of Casualty Claims – Level 1, September 2024
    • The Seven-Ten Split Mock Trial: Navigating Agent Errors & Omissions, The Annual Professional Insurance Agents (PIA) Conference, Atlantic City, New Jersey, June 2, 2024
    • Emerging Claims Against Home Inspectors, Marshall Dennehey Client Seminar, March 9, 2022
    • Casualty Claims Investigation, CLM Claims College School of Casualty Claims – Level 1, Virtual, 2021
    • Civil Litigation State of AffairsThe Impact of COVID-19 in Pennsylvania and New Jersey & What’s Next, Marshall Dennehey Client Webinar, May 2021
    • Casualty Claims Evaluation, CLM Claims College School of Casualty Claims – Level 1, Virtual, 2020
    • Anatomy of a Real Estate Transaction: How Actions of Participants Give Rise to Claims, Client Presentation, July, 2019
    • Defending Real Estate Agents, Title Agents and Home Inspectors, PLDF Annual Conference, New Orleans, LA, October, 2018
    • Expert Witnesses - Using New Jersey Court Rules To Your Advantage, National Business Institute, Newark, NJ, November 2015
    • Top Ten Ways to Keep Your PL Claims Professional Happy , PLDF Annual Conference and CLE/CEU Presentation, Washington, DC, September, 2014
    • Ethical Claim Negotiations, CEU Institute, Parsippany, NJ, January 2014
    • Primer on Claims and Risk Management Issues for Real Estate Agents and Home Inspectors, PLDF Annual Conference and CLE/CEU Presentation, Chicago, IL, October 2013
    • Liabilities and Obligations for Real Estate Professionals, Lorman Education Services, September 2012
    • Obtained a defense verdict in a trucking accident in New Jersey. The plaintiff claimed that our client merged into her lane at the George Washington Bridge toll plaza causing her to sustain neck and back injuries for which she underwent two spinal surgeries. Our client testified that both of their lanes ended and, because they were required to merge, he had the right-of-way since the front of his truck was ahead of the front of her vehicle. Our accident reconstruction expert confirmed that our driver had the right-of-way and opined that plaintiff was the sole cause of the accident. We also disputed the causation of plaintiff’s alleged injuries based on the very limited property damage to her vehicle, as well as the fact that she had prior, similar injuries. After a little more than an hour of deliberations, the jury returned a verdict finding that our driver was not negligent.   
    • Obtained a defense verdict in a one week trial in Hudson County, New Jersey in a case where plaintiff alleged that the defendant insurance producer failed to alert plaintiff of a policy coming up for renewal and then failed to advise plaintiff that the policy had lapsed and that plaintiff had no insurance. The plaintiff claimed that defendant breached a duty of care in a claim for professional negligence. Due to the breadth of the insurance policy at issue, the claim against the defendant was for $500,000. Christopher argued and was able to establish that any potential breach of contract or breach of a professional duty of care was not the proximate cause of plaintiff’s damages. After an hour and fourteen minutes, the jury agreed and found that plaintiff could not establish a proximate cause between the alleged breach of a duty of care and plaintiff’s damages. 
    • Obtained summary judgment in Hudson County in favor of a project manager in a serious bicycle accident lawsuit. Plaintiff was thrown off his bike after striking a significant pothole in front of a building where our client performed work several years earlier. We successfully argued that plaintiff’s alleged attempts to connect our client with the existence of the pothole were far too attenuated to be of any assistance to a jury. Following oral argument, Judge agreed and granted summary judgment.
    • Successfully won a motion to strike plaintiff’s expert in a complicated New Jersey professional malpractice matter. In this case, following two rounds of briefing and two rounds of oral argument, the court agreed that plaintiff’s expert’s opinion was a net opinion and did not provide any substance or evidence of a lack of a duty of care.  
    • Obtained a summary judgment on behalf of our client. The plaintiff was injured when she fell from a 25-foot rock-climbing wall at our client's facility.  After reaching the summit of the wall, plaintiff, a certified climber, pushed off to begin repelling down, only to realize that she forgot to connect to the auto-belay system.  She proceeded to fall to the ground and fractured both ankles for which she underwent open reduction internal fixation surgery.  Plaintiff had previously visited the client's facility approximately 35 times and had executed a liability waiver on each occasion, including the date of the accident.  We moved for summary judgment to dismiss plaintiff's Complaint based on the fact that the liability waiver was enforceable.  Plaintiff argued that the liability waiver was only enforceable as to her claims of ordinary negligence and that the issue of whether the defendant was grossly negligent was a triable issue of fact.  However, we successfully argued that no reasonable jury could find that the client was grossly negligent based on the client's testimony of the safety procedures, protocols and equipment in place at the rock-climbing gym. Accordingly, the Court granted our motion for summary judgment dismissing plaintiff's Complaint, in its entirety, against the client.
    • Successfully defended the manufacturer of a manlift in a wrongful death product liability claim where the plaintiff, the lift operator, was crushed in the lift.
    • Obtained a dismissal in a legal malpractice claim in federal district court of New York where fraud and damages in excess of $8 million dollars were alleged.
    • Represented a national broker dealer in a New York Labor law claim where serious multiple bodily injuries were alleged. All claims were favorably resolved.
    • Negotiated stipulation of dismissal with prejudice without any monetary contribution in favor of large national crane company sued in a wrongful death matter.  Plaintiff's widow claimed the crane malfunctioned causing a fatality.
    • Successfully resolved a claim against a real estate agent for failure to disclose a known conflict during dual representation including allegations of consumer fraud and forgery.

Results

Defense Verdict Returned After Short Jury Deliberation in High-Exposure New Jersey Trucking Case

Christopher Block and Paul Lanza (both of Roseland) successfully obtained a defense verdict in a trucking accident in New Jersey. The plaintiff claimed that our client merged into her lane at the George Washington Bridge toll plaza causing her to sustain neck and back injuries for which she underwent two spinal surgeries. Our client testified that both of their lanes ended and, because they were required to merge, he had the right-of-way since the front of his truck was ahead of the front of her vehicle. Our accident reconstruction expert confirmed that our driver had the right-of-way and opined that plaintiff was the sole cause of the accident. We also disputed the causation of plaintiff’s alleged injuries based on the very limited property damage to her vehicle, as well as the fact that she had prior, similar injuries. After a little more than an hour of deliberations, the jury returned a verdict finding that our driver was not negligent. The trial team was assisted by associate attorney Haleigh Catalano and paralegal Kelly Dermody who provided critical support with motions in limine and trial management.

Summary Judgment Secured in New Jersey Water Damage Case

We achieved summary judgment for our client, a commercial plumber, in the Cape May County Superior Court. The plaintiff alleged water leakage in the parking garage of a beach resort hotel resulted from defective plumbing work by the defendant. Specifically, the plaintiff argued that improper connections between the plumber’s pipes and the drainage system caused the leaks. The defense motion for summary judgment demonstrated that the defendant’s scope of work was limited to garage plumbing, performed according to specifications and unrelated to the waterproofing membrane or drainage system design flaws identified as the cause of the leaks. The court granted summary judgment, holding that the defendant owed no duty to the plaintiff beyond the limited scope of their work and dismissed all claims. The court denied the plaintiff’s motion for reconsideration.   

Thought Leadership

Legal Updates for Real Estate E&O Liability

Protecting Real Estate Professionals with Renewed Strength and Expanded Reach

November 1, 2025

We are excited to announce the reinvigoration of our Real Estate Professional Liability defense team, servicing clients in eight states including Delaware, Florida, Maryland, New Jersey, New York, Ohio, Pennsylvania and West Virginia. Our Real Estate E&O Liability Practice Group represents real estate professionals and related service providers in high-stakes civil litigation across a wide range of claims. We have extensive experience defending real estate brokers, agents, and REALTORS® against malpractice and breach of duty allegations stemming from residential and commercial transactions, as well as those who play critical roles in facilitating these transactions, including title agents, abstractors, surveyors, mortgage brokers, appraisers, home inspectors and title insurance companies.  Our attorneys understand the complexities of real estate law and the nuances of professional standards in each of the jurisdictions in which we practice, allowing us to craft targeted defenses that protect our clients’ reputations and livelihoods. We are creative, proactive and strategic, working closely with our clients and their insurers to craft a formidable defense, often helping to resolve matters through negotiation or early motion practice pre-suit. When litigation is unavoidable, we bring deep courtroom experience and an unwavering commitment to defending our clients through trial and appeal, if necessary. We know that for professionals involved in real estate, litigation can be both financially and professionally disruptive. That’s why we prioritize efficient case management, cost-effective strategies and clear communication throughout the life of a case. Our goal is always to protect our clients’ interests while minimizing the impact on their business operations and professional standing. With a team that blends deep legal knowledge and real-world insight into the real estate industry, we are trusted counsel to professionals facing complex and often emotionally-charged disputes. Whether the matter involves a multimillion-dollar commercial deal or a single-family home transaction, our attorneys bring the same level of dedication and attention to detail. We are proud to be a reliable defense partner for real estate professionals and the businesses that support them. When your work is under scrutiny, you need a legal team that understands the stakes—and how to win.  Legal Update for Real Estate E&O – November 2025, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2025 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.

Legal Updates for Insurance Agents & Brokers

NJ Appellate Division Clarifies Consumer Fraud Act Exception for Insurance Producers, Upholds Plemmons

June 27, 2025

On June 24, 2025, the New Jersey Appellate Division issued an unpublished opinion in Lowe v. Audet, A-4093-23, holding that insurance producers remain exempt from liability under the Consumer Fraud Act (CFA) when performing services within the scope of their professional licensure. The decision resolved a lingering question as to whether Shaw v. Shand, which narrowed the scope of the CFA’s learned professional exception and held that licensed home inspectors were not exempt, had implicitly overruled or undermined Plemmons v. Blue Chip Insurance Services, a long-standing case holding that insurance producers are not subject to CFA liability due to their regulated, semi-professional status. Lowe arose from a dispute involving a neurosurgeon who alleged that his longtime insurance brokers failed to properly advise him about the scope of coverage under various disability insurance policies. After benefits were denied, the plaintiff filed suit, asserting, among other things, claims for professional negligence and a violation of the CFA. The trial court granted the defendants’ motion to dismiss the CFA claim, relying on Plemmons, which held that insurance brokers, as semi-professionals subject to rigorous statutory and regulatory oversight, are not subject to CFA liability for services rendered in their licensed role. On appeal, the plaintiff argued that Shaw v. Shand rejected the premise that semi-professionals could qualify for CFA immunity and, thereby, narrowed the exemption to only those historically recognized as learned professionals, such as doctors and lawyers. The Appellate Division disagreed, reaffirming Plemmons and holding that Shaw did not overrule it. The panel emphasized that Shaw involved home inspectors, not insurance producers, and that its discussion of the learned professional exception was not intended to apply beyond the context of that case. The court found no basis to depart from the established principle that insurance producers are exempt from CFA claims arising out of their professional services, particularly where they are governed by a detailed regulatory scheme. The panel also noted that the Legislature has not acted to modify or abrogate Plemmons since it was decided in 2006. That continued legislative silence, the court reasoned, reinforces the conclusion that insurance producers remain outside the scope of the CFA when acting in their licensed capacity. Although the opinion is currently unpublished, it may be approved for publication in the future and is likely to carry significant persuasive weight in trial courts throughout the state. It provides important clarification for insurers, brokers and litigants by confirming that the CFA does not apply to the core functions performed by licensed insurance professionals. Impact This decision offers welcome clarity to insurance professionals and defense counsel, particularly in light of inconsistent trial-level interpretations following Shaw. By reaffirming Plemmons, the New Jersey Appellate Division confirmed that insurance producers are not subject to CFA liability when performing licensed services, even in the face of arguments that Shaw narrowed the scope of the professional exemption. Lowe reinforces the separation between consumer fraud claims and professional malpractice, and it provides a strong basis for motions to dismiss CFA claims currently pending against brokers. While unpublished for now, Lowe is poised to become a key authority in resolving the applicability of the CFA in professional services litigation.    Legal Update for Insurance Agents & Brokers- June 27, 2025, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2025 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.

Firm Highlights

Thought Leadership

Featured Conversations... Key Takeaways from A.M. Best’s Webinar on the Misuse Defense in Product Liability Claims, Featuring Michael Salvati

Michael Salvati, shareholder in our Philadelphia office, was a panelist for the April A.M. Best webinar, “The Misuse Defense: Strategic Approaches to Defending Product Liability Claims for Insurers.” During the program, Michael and his fellow panelists offered practical, jurisdiction‑specific guidance on how misuse and failure‑to‑warn theories intersect in modern product liability litigation. Michael emphasized the unique challenges these claims present—particularly in states like Pennsylvania, where evidentiary rules diverge sharply from those applied in many other jurisdictions. Failure to Warn as the “Flip Side” of Misuse Salvati explained that failure‑to‑warn allegations often arise as a direct counter to a misuse defense. As he noted, “If our misuse defense is that the plaintiff didn't use a product properly or safely, then the failure to warn claim is that we didn't tell them how to use it properly.” He emphasized that these claims can stem from either the absence of warnings or criticisms of existing warnings, such as insufficient specificity or lack of clarity about risks. Pennsylvania’s Unique Evidentiary Landscape One of Salvati’s most notable points was the stark difference in how Pennsylvania treats evidence of compliance with industry standards. He highlighted that Pennsylvania is “one of the only states…where that evidence is not admissible” in strict liability cases. Manufacturers cannot rely on compliance with ANSI, UL, ISO, or even federal safety standards to defend the product against a strict liability claim—because the focus is solely on the product itself, not the manufacturer’s conduct. Salvati acknowledged the challenge this creates for defense counsel and clients who expect such compliance to carry weight. Understanding the Three Defect Theories Salvati also walked through the three primary defect theories recognized in many jurisdictions: - Design defect – a flaw in the product’s intended design - Manufacturing defect – a deviation affecting a specific unit - Failure to warn – inadequate instructions or warnings He noted that warnings claims are increasingly significant and sometimes stand alone when design or manufacturing theories are weak. As he put it, plaintiffs often default to warnings claims because “the default position seems to be, ‘If I got hurt, there must be something wrong.’” Warranties and State‑by‑State Variations Salvati addressed how breach‑of‑warranty claims fit into the broader framework, explaining that implied warranties—such as merchantability—often overlap with strict liability in Pennsylvania. He emphasized the importance of understanding local nuances, as warranty law and admissibility rules vary widely across states. Looking Ahead: The Growing Importance of Warnings In his closing remarks, Salvati stressed that warnings should never be treated as an afterthought in product liability defense. He observed that warnings‑only claims are becoming more common and urged manufacturers and insurers to continually evaluate the clarity and completeness of their instructions and warnings. His takeaway: “We should always be talking about what are the instructions that come with our products…to bolster a misuse defense.” Listen to the complete webinar here: https://www3.ambest.com/conferences/events/eventregister.aspx?event_id=WEB1074.

Thought Leadership

The Enforceability of Online Arbitration Agreements Remains Unresolved in Pennsylvania, But the Pennsylvania Superior Court has Provided Substantive Guidance on the Issue

Key Points: The Pennsylvania Supreme Court confirms that an order compelling arbitration is not immediately appealable as collateral orders. The outcome of Chilutti II has generally left the substantive enforceability issues with browsewrap agreements unresolved in Pennsylvania. Until this issue is resolved by the Pennsylvania courts, companies operating in the Commonwealth should strive to ensure that their registration websites and/or application screens conspicuously present arbitration agreements in manners which ensure their users and consumers assent to the terms of the agreements by following the standards set forth in Chilutti I. Browsewrap agreements have been defined as agreements “‘in which a website offers terms that are disclosed only through a hyperlink and the user supposedly manifests assent to those terms simply by continuing to use the website,’ and typically do not require an electronic signature.” See, Cobb v. Tesla, Inc., 2026 WL 458470, at *1 n. 2 (Pa. Super. Feb. 18, 2026) (citation omitted). They are largely regarded as the “if you keep using this, you agree to everything buried in this link” terms embedded into almost every online agreement consumers and users sign before proceeding with purchases of goods and/or services. While consumers are generally aware of them, many almost never click on the link, nor read them in their entirety. This leaves many consumers and users ignorant of the terms and impact of such agreements. However, one’s ignorance of the otherwise neatly-tucked-away terms rarely renders them unenforceable. The issue of the enforceability of browsewrap agreements has been up for debate for some time in many jurisdictions, including Pennsylvania. Indeed, Pennsylvania had a brief grip on this issue for a period in time. Specifically, in 2023, an en banc Superior Court set forth heightened standards for companies to meet in order to secure assent and enforce browsewrap arbitration agreements. See Chilutti v. Uber Techs., Inc., 300 A.3d 430 (Pa.Super. 2023) (en banc) (“Chilutti I”) Chilutti I involved a husband and wife who sued Uber and its subsidiaries after the wife, a wheelchair bound passenger using Uber’s rideshare service, fell, struck her head, and lost consciousness due to her uber driver failing to provide a seatbelt and making an aggressive turn during the trip. The Chilutti’s filed a negligence lawsuit against Uber and its subsidiaries. In response, the defendants moved to compel arbitration, arguing that “the couple’s conduct on the company’s website and application — when they registered for the ridesharing service — signified that they agreed to be bound by the mandatory arbitration provision found in the hyperlinked terms and conditions.” The trial court granted the defendants’ petition and stayed the proceedings pending the results of arbitration, and the Chilutti’s appealed. On appeal, the Superior Court addressed two issues. First, it addressed the issue of whether it had jurisdiction to hear the appeal. A divided Superior Court determined that it did, with its basis for the holding being that the order from which the Chilutti’s appealed was a collateral order. Next, the Superior Court set out to address the merits of the Chilutti’s substantive claim. The Superior Court concluded that the parties lacked a valid agreement to arbitrate. Its rationale was that Uber’s website and application did not provide reasonably conspicuous notice of the terms to the Chiluttis. In reaching this decision, the en banc Superior Court held that browsewrap arbitration agreements are enforceable in Pennsylvania only if the registration website and application screens explicitly inform consumers that they are waiving the right to a jury trial, the registration process cannot be completed until the consumer is fully informed of this waiver, and, when the agreement is available via hyperlink, the waiver appears at the top of the first page of the terms in bold, capitalized text. Since the ruling, Pennsylvania courts have applied Chilutti I to determine if browsewrap agreements are enforceable.  For instance, the Allegheny County Court of Common Pleas invoked Chilutti I to reject an agreement that lacked an express jury-trial waiver on the assent screen.  See Miller v. Festival Fun Parks, LLC, 92 WDA 2025 (C.P. Alleg. Cnty. Mar. 24, 2025). Similarly, the Superior Court has held that notice which failed to explicitly state the consumer was waiving a jury-trial right did not “me[e]t the strict burden set forth by our en banc Court in Chilutti I.” Pierce v. FloatMe Corp., 348 A.3d 1077, 1088 (Pa. Super. 2025). While the issue of enforceability of browsewrap agreements appeared to have been resolved by Chilutti I, Pennsylvania courts’ grip on this issue has been slackened by the Pennsylvania Supreme Court’s January 21, 2026, opinion in Chilutti II. See Chilutti v. Uber Techs., Inc., 349 A.3d 826 (Pa. 2026) (“Chilutti II”). Therein, the Supreme Court did not address the merits of the Chiluttis’ substantive claim, but rather the issue of whether the Superior Court had appellate jurisdiction to immediately review the orders staying litigation pending arbitration. The Court ultimately vacated the en banc opinion on jurisdictional grounds, holding that the Superior Court did not have appellate jurisdiction because the trial court’s order from which the Chiluttis appealed did not qualify as a collateral order and, thus, the Superior Court erred in holding to the contrary and lacked jurisdiction to entertain the merits” of the Chiluttis’ substantive claim. As such, Chilutti II has rendered Chilutti I nonbinding, and the issue of enforceability of online arbitration agreements remains unresolved. However, in light of the fact the Supreme Court did not address or comment on the merits of the Chiluttis’ appeal, Chilutti I is still meaningful. Specifically, it provides guidance as to the standards a company should strive to meet to ensure they have obtained users’ assent so that they are able to enforce online arbitration agreements. Additionally, it may serve as persuasive authority in judges’ evaluations of petitions and/or motions to compel browsewrap arbitration agreements until this particular issue is properly put before our appellate courts. Keanna works in our Pittsburgh, PA office. She can be reached at (412) 803-1174 or KASeabrooks@MDWCG.com.

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict.