Results

The matter involved a declaratory judgment action between two insurance carriers following their contributions totaling nearly $2 million toward the settlement of a Labor Law case. We represented the underlying plaintiff's employer in the case. After the parties' summary judgment motions were denied, the New York Supreme Court judge in New York County held a bench trial on the sole issues of "claim handling" by the carrier and our client's alleged liability under the Labor Law.

Obtained a defense verdict after a six-day bench trial in the Philadelphia Court of Common Pleas. The plaintiff claimed that our insurance carrier client acted in bad faith in the handling of his underinsured motorist claim that arose from a 2009 motor vehicle accident. The plaintiff alleged that our client presented low-ball settlement offers over an 18-month period and disregarded medical evidence establishing that his injury was causally related to the accident. The plaintiff also claimed that the insurance carrier attempted to conceal an unfavorable IME report.

After seven years of litigation, we obtained a dismissal with prejudice in favor of our client, a prominent cardiologist, in a negligence and fraud case involving the operation of a Ponzi scheme. ​The 16 plaintiffs brought suit in 2010 against our client and 14 other defendants with respect to investments in shares of a start-up television network and production company focused on developing, managing, and operating internally owned and operated LPTV stations.

The defense obtained a unanimous, precedential decision in the Third Circuit reversing a federal district court’s denial of qualified immunity for our police officer clients.

Obtained summary judgment for a licensed clinical social worker in a negligence, defamation, fraud and intentional infliction of emotional distress case. ​The plaintiff (the father, a police officer and president of the local school board) brought these claims after the social worker informed the Family Court of the children's allegations of physical and emotional abuse by the plaintiff, which were revealed to her during the minor children's therapy sessions.

Obtained a defense verdict in Delaware following a five-day medical negligence trial. ​The 54-year-old patient died three days after gallbladder surgery while still hospitalized. The plaintiffs alleged that post-operative bleeding, which required re-operation, rather than the transfusions and fluids she received, caused the decedent’s death.

Obtained summary judgment in the New York State Supreme Court, New York County on behalf of a fourth-year resident doctor. The plaintiff's suit involved a medical malpractice claim alleging that the medical providers failed to diagnose, treat, care or monitor. The defense filed the motion for summary judgment prior to the resident doctor's deposition. The court dismissed the claims against the resident doctor, ruling that the resident doctor was not responsible for diagnoses, treatment, care or monitoring of the plaintiff.

Marshall Dennehey successfully obtained a decision from the New York Appellate Division, First Department that affirmed the grant of summary judgment in favor of our clients, the City of New York and the New York City Economic Development Corporation. ​A marine construction worker (dock builder) sustained serious injuries to his cervical spine as a result of being handed down heavy buckets of epoxy from a fellow worker on a barge hundreds of times over a period of several weeks.

Obtained a defense verdict in a Bucks County jury trial. ​The plaintiff and defendant, both high school seniors, were participating in the annual spirit event in the school gym. Two student athletes were called to compete against each other in the tire tug of war. The plaintiff claims that as he and the defendant approached the tire running at full speed, the defendant left his feet and “torpedoed” head first into the plaintiff with the specific purpose of preventing the plaintiff from grabbing the tire.

Obtained a defense verdict in a jury trial on behalf of a school bus transportation provider in a motor vehicle/wrongful death case. ​The plaintiff was operating her car when she lost control in inclement weather, crossed over the double yellow line and hit an oncoming school bus, causing significant damage and immediate death to the plaintiff. The plaintiff’s estate claimed the defendant school bus driver should have seen the vehicle coming.