Publications
New Jersey Courts Address Plaintiffs’ Demands to Inspect Electronic Medical Records – Appellate Division Sides with Plaintiffs (with Restrictions)
Plaintiffs have increasingly demanded to gain access to the Electronic Medical Records (EMR) of health care providers/facilities, citing Rule 4:18-1, and Rule 4:10-2(a), (g), and (f).
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Jury Instruction About a Defendant’s Absence at Trial Was an Abuse of Discretion
The trial court permitted a jury instruction that allowed the jury to not only consider the fact that the physician defendant, who was of Pakistani descent, did not attend the trial, but to also “make whatever inference and conclusions” they chose
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Expert Witness Prematurely Disqualified Based on Not Maintaining an Active Clinical Practice
The plaintiff’s sole medical expert was not, at the time of his deposition, engaged in active clinical practice due to his personal health issues and the COVID-19 pandemic.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Pennsylvania Superior Court Affirms Defendant’s Immunity Under the Mental Health Procedures Act
The plaintiff filed wrongful death and survival actions against the defendants, asserting claims of negligence and corporate negligence.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
What a Defendant Should Do When on the Receiving End of Lawsuits From the Same Pro Se Plaintiff
The plaintiff filed a pro se complaint in 2017 in the Philadelphia County Court of Common Pleas against, among others, Irina Stepansky, DMD, claiming he was “mutilated” during dental procedures performed by Dr. Stepansky in November of 2015.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Florida District Court Rules Four-Year Statute of Limitations Governs Construction-Based Malpractice Claims Against Design Professionals
Florida Statute § 95.11 sets the statutes of limitations for numerous claims, but as it relates to construction-related professional negligence claims, there has been a dispute and uncertainty as to whether the two-year or four-year limitation pro
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Third Circuit: Knowledge Requirement Not To Be Overlooked in Proving Retaliation
A corrections officer sued his employer, the Department of Corrections (DOC), alleging a retaliatory hostile work environment in violation of Title VII of the Civil Rights Act of 1964.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Third Circuit Opts for Broad, “Fact-Specific Inquiry” Test in Analyzing Whether Certain Work-Related Activities Are Compensable Under the FLSA
A group of oil rig hands sued their employer, Precision Drilling Corp.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
The EEOC’s Investigatory Powers Are Limited to the Scope of a Valid Charge
The EEOC issued an employment discrimination Charge to a car components manufacturer. In its Charge, the EEOC stated the specific address for only one of the manufacturer’s seven facilities.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Fourth District Affirms Insurers’ Right to Directed Verdicts in Claims Not Related to the Insured’s Policy
After the insureds’ ceiling collapsed by a few inches, the insurer’s field adjuster saw that the ceiling had cracks but had not fallen down. The insurer denied the claim.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.