Results

Obtained a defense verdict in a bad faith matter in Florida for a major casualty insurance company. The case involved allegations of third-party bad faith claims in connection with the insurer's refusal to tender policy limits without sufficient supporting medical documentation. After the insurer received an initial demand package containing chiropractic treatment records and an MRI report evidencing a traumatic left medial meniscal tear, no additional records were provided to the insurer demonstrating a surgical recommendation, permanent impairment or ongoing treatment. 

Marshall Dennehey attorneys prevailed in the Philadelphia County Court of Common Pleas on a Motion for Class Action Certification in a "junk fax" case under the Telephone Consumer Protection Act (TCPA). Following a class certification hearing in March, the judge issued an order and opinion denying the plaintiff's motion. The proposed nationwide class would have been comprised of over 15,000 claimants in a case where, had the class been certified and a decision on the merits been entered for the claimants, the statutory damages alone would have been a minimum of $500

Obtained summary judgment and dismissal of all claims against our client, a prominent architectural and engineering firm. The case arose when the plaintiff, while on a sidewalk, was struck by a pipe that fell from 18 stories during the erection of pipe scaffolding around the building. The defense strategy focused on the architect's lack of an obligation for direction, supervision or control of the work, or for site safety. The court held that our client demonstrated its entitlement to summary judgment and that it had no duty to the plaintiff nor to the other defendants wi

Successfully represented a Maryland government agency before the Delaware Supreme Court.

Obtained dismissal of a medical malpractice action in its entirety based on the "Two-Disease Rule." The case involved clear liability for lost breast biopsy samples by a hospital nurse. The complaint did not state that the plaintiff had breast cancer, and this remained the case during oral argument on preliminary objections.

Won a defense verdict in a health care liability trial in Pennsylvania. The plaintiff claimed she underwent unnecessary foot surgery that not only exacerbated ongoing complex regional pain syndrome (CRPS), but also resulted in the amputation of a toe. She claimed the defendant doctor failed to recognize ongoing CRPS following a fracture and several months of conservative care, and mistakenly attributed her chronic pain to a malunion of the fracture site, which the doctor maintained was causing nerve compression.

Won a defense verdict in a case involving a delay in the diagnosis of lung cancer in a 55-year-old non-smoker. A lung nodule was found, coincidentally, by the defendant ER Medicine Physician, on a CAT scan of the plaintiff's chest after he was involved in a bicycle crash following a cardiac event. The plaintiff was admitted to the hospital where he underwent a catheterization. He was sent home without being told of the finding and claimed he was not told until seven months later, after which he waited another four months to see a physician. The client admitted that h

Obtained a defense verdict in a binding arbitration in Pennsylvania. The plaintiff alleged negligence against a hospital and its radiologist in the interpretation of a mammogram, claiming that it caused a year's delay in the diagnosis of breast cancer, the need for additional treatment, and the resulting death of his wife. The defense focused on the lack of negligence in the interpretation of the films, the comparative negligence of the decedent in waiting to report a palpable lump in the intervening time, and the aggressive nature of her particular disease process. The a

Obtained summary judgment on behalf of a retail store client in a premises liability matter. The plaintiff walked into an automatic door that opened toward him at a retail store. He claimed that the door was defective, causing it to swing toward him at a rapid speed and strike him in the head. The incident was captured on surveillance video and showed that the plaintiff was merely not paying attention and walked directly into the door. At oral argument, the defense argued that the plaintiff failed to produce any evidence that the store was negligent or that a dangerous c

Successfully represented a homeowner's insurance carrier in a claim for breach of contract before a federal arbitration panel in the U.S. District Court for the Eastern District of Pennsylvania.