Results

Successfully argued that a miner’s widow was not entitled to survivor’s benefits under the Black Lung Benefits Act. The miner had not successfully obtained benefits during his lifetime, but the widow alleged that his death at 102 years of age was caused by coal workers’ pneumoconiosis. The defense proved, through medical evidence, that the miner did not definitively have coal workers’ pneumoconiosis, and he was not totally disabled due to pneumoconiosis at the time of his death. Therefore, the judge found that the widow could not meet her burden of proof.

Obtained a dismissal on a directed verdict in a FINRA arbitration in New York. The defense represented a broker-dealer in a dispute with its former customer regarding the unauthorized use of her account information. The claimant was a customer of one of the broker-dealer’s New York branches, where her ex-husband also worked as a broker.

Successfully defended an investigation by the U.S. Department of Education, Office for Civil Rights (OCR) against our client, a local school district, which was alleged to have violated the rights of a qualified student with a disability under Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act. After being expelled from high school for drug-related offenses, the student was placed in an approved private school with which the district contracts to provide special education and related services for its students.

Obtained summary judgment on behalf of a condominium association and its property manager for injuries suffered by a tenant of one of the condominium owners. The plaintiff, who suffered a trimalleolar fracture resulting in three surgeries, including a total ankle replacement, slipped and fell on ice while traversing the public sidewalk abutting the condominiums. The plaintiff argued that summary judgment was not appropriate because the condominium association failed to replace a section of the sidewalk that had settled, creating a pooling condition that could freeze over.

Obtained summary judgment in a civil rights lawsuit filed under Section 1983 in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiff sued several police officers for wrongful arrest and malicious prosecution, claiming that his neighbor unfairly targeted him for harassment and conspired with the local police department to issue citations. The plaintiff and his neighbor were engaged in a long-running dispute concerning violations of the Township’s noise ordinance.

Obtained summary judgment in a legal malpractice case seeking in excess of $2 million stemming from a trial court judge’s determination in underlying litigation that our lawyer-clients had waived, on behalf of their former clients, challenges to the sufficiency of the evidence supporting the verdict. The underlying litigation arose from the events of 9/11.

Obtained summary judgment on behalf of an insurance agent and agency in Ohio, who sold the plaintiff property and liability insurance on its business. A fire loss occurred, and the insured discovered that it did not have business interruption coverage. The insured sued the agent and the agency for negligence, breach of contract and estoppel for failing to procure business interruption coverage. The defense successfully argued that an insurance agent only has a duty to seek coverage that has been requested by the insured.

Obtained final summary judgment in favor of a major insurance carrier. The plaintiffs filed suit for breach of an umbrella policy after their claim for $1 million in uninsured motorist benefits was denied because the plaintiffs failed to maintain the required underlying auto insurance.

Marshall Dennehey attorneys were victorious in the Third Circuit Court of Appeals in an insurance coverage and bad faith case. The case involved claims by an insured for coverage under a Business Owners and Technology Professional Liability policy issued by a major insurance carrier. The insured was sued by two other participants in a prior business venture who sought a declaratory judgment as to the ownership of certain intellectual property.

Obtained a defense verdict in a sinkhole case in Pinellas County, Florida. The insureds’ premises are located in an area known as "sinkhole alley." The sinkhole claim was initially denied by the insurer, and after the insureds hired two of the more well known and successful experts who stated otherwise, a neutral evaluator agreed with the carrier. Additional experts testified at trial on behalf of the carrier. The jury deliberated for just 16 minutes, after a trial that went over the course of two separate weeks, before reaching a complete defense verdict.