Publications
Any challenge to condo association’s governing documents must be brought within five years of recording or five years from the date the challengers take title to property if after the recording of the declaration.
Florida has clarified that when challenging the governing documents for a community association, those suits will be barred if filed five years after their enactment. F.S.
Case Law Alerts, 4th Quarter, October 2016. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Pennsylvania Supreme Court agrees to revisit the requirements of proving an insurance bad faith claim.
The Pennsylvania Supreme Court has agreed to hear an appeal on the issue of whether the test for bad faith as outlined in Terletsky v. Prudential Prop. & Cas. Ins. Co., 649 A.2d 680 (Pa. Super. Ct.
Case Law Alerts, 4th Quarter, October 2016. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Court of Appeals of Ohio holds a bad faith claim may proceed even if no basis for coverage exists.
After being injured in a car accident, the plaintiffs sought coverage under the driver’s insurance policy for medical benefits.
Case Law Alerts, 4th Quarter, October 2016. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
U.S. District Court of New Jersey reiterates that an insurer’s mistake is not bad faith.
The insured submitted a claim for a leaking roof as the result of a storm, which lead to mold issues in the home.
Case Law Alerts, 4th Quarter, October 2016. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Close encounters of the Fourth kind.
The Superior Court decides that asking for identification is not in and of itself an investigative detention. Police were on routine patrol in a problem area when they witnessed Baldwin, who was in a parking lot, pass behind a van.
Case Law Alerts, 4th Quarter, October 2016. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
A corporation need not disclose to its shareholders its subjective motivation for adopting a program to repurchase its stock.
An executive of Corvex, an ADT Corp. shareholder, met with the management and board of directors of ADT Corp. to encourage a repurchase of stock to create debt and increase the company’s stock price.
Case Law Alerts, 4th Quarter, October 2016. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Court denies expungement of broker’s record where FINRA arbitration was “unfair.”
A brokerage firm petitioned to confirm a FINRA arbitration award recommending the expungement of a client’s allegation of misconduct from the record of one of its brokers.
Case Law Alerts, 4th Quarter, October 2016. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
The Board did not abuse its discretion in allowing limited testimony about severity of claimant’s work-related auto accident when denying petition for additional compensation.
The sole issue before the Superior Court was whether the Board had committed a legal error by initially failing to exclude testimony of the damage to the vehicle, only to finally exclude such evidence at the close of the hearing, but then to impro
Case Law Alerts, 4th Quarter, October 2016. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Superior Court denies appeal. Claimant’s 2014 surgery, while necessary and reasonable, was not causally related to the 2001 work injury.
The claimant raised three issues in her appeal: (1) collateral estoppel and res judicata precluded the Board from relying on Dr.
Case Law Alerts, 4th Quarter, October 2016. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
The WC carrier can recoup medical benefits from proceeds of claimant’s third-party recovery even though claimant cannot recover medical costs under New Jersey’s no-fault system.
The workers’ compensation insurance carrier asserted a lien from the proceeds of the claimant’s third-party recovery. The claimant argued that, as a no-fault insured, she may not recover medical benefits from another no-fault insured.
Case Law Alerts, 4th Quarter, October 2016. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.