Results

A young girl was bitten in the face by a pit bull. The plaintiff sued the dog owner, a tenant in a house, and the property owner. We represented the landlord and argued that a landlord out of possession has no duty to a tenant’s invitee, especially when she has no knowledge of the pet’s violent propensities. The court agreed and granted summary judgment.

The defense prevailed on a motion to dismiss on behalf of a distinguished Roman Catholic university. The plaintiff, a temporary staffing worker assigned to work at the university, alleged personal injuries as a result of a slip and fall in the cafeteria. The defense highlighted inconsistencies in the plaintiff’s workers’ compensation testimony compared to the allegations in his complaint and discovery responses.

Obtained a favorable arbitration award from a FINRA panel directing expungement of a customer complaint from the client's Central Registration Depository (CRD) records.

Marshall Dennehey attorneys successfully argued the appeal of a summary judgment motion before the Appellate Division, First Department, affirming the trial court's order granting summary judgment to its client. We represented the owner of a construction project, a high-rise residential building. The plaintiff worked for a cleaning company that performed "final cleans" of the apartments, which consisted of cleaning each apartment after construction was completed. The plaintiff fell from a kitchen counter while cleaning the top of a cabinet.

Obtained summary judgment on behalf of a chief of campus security, a private university and two security guards. The campus security guards responded to a Resident Assistant's complaint of a strong smell of marijuana coming from the plaintiff's dormitory room. Following procedures in the university handbook, they searched the room. The plaintiff asked to use the bathroom during the search, was permitted to do so and promptly left the Commonwealth in his pajamas. He was arrested in New York and eventually pled guilty to the possession of various narcotics and paraphernalia.

In an insurance coverage and bad faith case, Marshall Dennehey attorneys obtained a dismissal of a declaratory judgment action seeking $750,000 in business income damages. The court granted the motion to dismiss, agreeing with the defendant's argument that the loss was not covered pursuant to a sewer water exclusion contained in the insurance policy. The plaintiff argued the sewer water exclusion did not apply to the business income coverage.

Obtained a denial of the vast majority of a request for a permanent injunction. The claims arose when our client, a registered representative associated with a national broker-dealer, resigned from her prior broker-dealer and began to solicit clients. The plaintiff alleged that she did so in violation of her employment agreement. The plaintiff originally received a temporary restraining order from a state court judge in New York City preventing our client from soliciting hundreds of her clients.

Marshall Dennehey attorneys prevailed on a motion for summary judgment as to liability in an environmental case involving claims related to a leaking underground storage tank (UST). In this environmental subrogation case, we represented a major insurance carrier in their capacity as the subrogee of their insured. Our client sued a fuel delivery company under the New Jersey Spill Compensation and Control Act for delivering fuel oil to the UST while the UST was leaking, and also asserted claims for negligence and breach of contract.

Obtained a defense verdict in state court in Montgomery County involving aspiration pneumonia suffered by the plaintiff during a routine colonoscopy. We represented the gastroenterologist who had nothing to do with the administration of anesthesia. Following completion of the procedure, the plaintiff aspirated and was transferred to the hospital where he was diagnosed with aspiration pneumonia, treated and discharged after two days.

Obtained a defense verdict on behalf of a German luxury vehicle manufacturer after a jury trial in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiff alleged that he regularly let his motorcycle idle in his garage to warm it up in the winter. On the day in question, the plaintiff became distracted by a telephone call and forgot about the motorcycle, which eventually overheated and caught fire, causing significant damage to his home.