Results

The defense prevailed in their representation of a major insurance carrier in an insurance coverage case involving claims by an insured business owner for coverage under a commercial general liability policy. The insured was transporting chairs and tables for his business on his truck; as he rounded a curve, some chairs fell onto the path of an oncoming motorcyclist, who reportedly sustained serious injury.

Successfully defended a whistleblower investigation conducted by the U.S. Department of Labor, Occupational Safety and Health Administration against our client, an environmental cleaning contractor. The contractor was alleged to have violated the Surface Transportation Assistance Act when one of its drivers logged more than 10 hours on the road and then returned to work several hours later for another shift that required him to acquire, transport and dispose of a brine solution.

Obtained dismissal from the Equal Employment Opportunity Commission in a Florida employment law case. The complainant was a student mentor for a YMCA and alleged that the school discriminated against her due to her Hispanic national origin. Specifically, she argued that her manager refused to allow her access to her cell phone during working hours while allowing Caucasian employees to text and make calls whenever they wanted. The respondent argued that many other employees had been denied access to their phones and proffered a legitimate business interest in that the YMCA wis

Obtained summary judgment in a matter in Camden County, New Jersey. The three plaintiffs, who were formerly employed by the defendant company as painters and/or painter’s helpers and were members of a union, argued that they were laid off and not rehired due to their age, a violation of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-12. The defendant argued that the plaintiffs’ claims were preempted by the Labor Management Relations Act, 29 U.S.C.A. Section 185(a) (LMRA) and the National Labor Relations Act, 29 U.S.C.A.

Obtained a decision from the U.S. District Court of Appeals for the Third Circuit denying the appellant’s motion for re-hearing in a complex legal malpractice action that involved a series of cases spanning 25 years and invoked the jurisdiction of several state and federal courts. The case arose out of a Family Court matter in Camden County involving alimony and child support. The plaintiff brought common-law fraud and Section 1983 claims against his ex-wife and her attorney (our client). The District Court granted our motion for summary judgment, and the Third Circuit affirmed.

Marshall Dennehey’s appellate and workers’ compensation team successfully defended a major Pennsylvania transportation authority in the four-year litigation of a claim petition arising out of an altercation between the claimant, a bus driver, and a bus patron. The claim was first brought before the Workers’ Compensation Judge and the Workers’ Compensation Appeal Board, garnering a finding that the claimant was not in the course and scope of employment at the time of the altercation. Our appellate attorneys handled the appeal before the Commonwealth Court of

Obtained a unanimous defense verdict in Bucks County, Pennsylvania on behalf of an emergency department physician who allegedly failed to diagnose a severe fracture of the tibial plateau shortly after the plaintiff claimed to have been pushed into a swimming pool.

Defense verdict in a health care liability case following a six-week jury trial where the demand was $12 million at the onset of trial. The plaintiff, a 44-year-old woman, claimed our internal medicine physician was negligent in failing to order a spinal tap after a six-day period of the plaintiff having a fever and severe headaches, in addition to an upper respiratory virus.

Obtained a defense verdict in a product liability case following a week-long jury trial. The case involved product liability and warranty claims arising out of the manufacture of a mobile home. The plaintiffs claimed that the home was defectively designed and manufactured by our client and that the defects created violations of Florida warranty statutes and the Magnuson-Moss Warranty Act.

Obtained summary judgment on behalf of an Ohio employer and its employees in a claim for injuries suffered by a temporary worker when a flash fire erupted from an aluminum shredder at the employer’s facility. The plaintiff, who suffered second degree burns on 10% to 19% of his body, sought compensation for his injuries, past, present and future lost wages, Post Traumatic Stress Disorder, and his wife’s consortium claim in an amount of $950,000.