Publications
Despite documentary evidence, insured’s testimony alone is sufficient to create an issue of fact to defeat summary judgment in an uninsured motorist case.
The defendant insurance carrier filed a motion for summary judgment as to the plaintiff/insured’s breach of contract cause of action arising from his claim for uninsured motorist benefits.
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
The grounds on which a plaintiff may pursue a malpractice claim against an attorney with whom there was no attorney-client relationship are exceedingly narrow.
The New Jersey Appellate Division affirmed a decision dismissing a complex legal malpractice action arising out of an underlying first-party coverage action in the U.S.
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
The Dragonetti Act provision that provides for an award of punitive damages does not violate Pennsylvania’s Constitution.
The Pennsylvania Superior Court, in a non-precedential decision, has upheld a verdict in which a jury awarded a plaintiff punitive damages in a wrongful use of civil proceedings action brought under 42 Pa. C.S. §8351, et seq. (Dragonetti Act).
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Jail officer’s knowledge of a potential policy violation by a medical care contractor was not enough to prove knowledge of a substantial risk of a constitutional violation under 42 USC section 1983.
A jail officer was present outside of a privacy curtain while a male medical care contractor was providing medical care to a female inmate in the absence of a chaperone, which was contrary to policy.
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Vague assertions that existing policies were inadequate are not enough to impose Monell municipal liability.
This federal civil rights and employment discrimination action was brought by the plaintiff, a correctional officer employed at Luzerne County Correctional Facility (LCCF), against her employer, Luzerne County, and two of her supervisors, one of w
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Following Commonwealth v. Alexander, Article I, Section 8 of the Pennsylvania Constitution continues to permit warrantless “inventory searches” of impounded automobiles.
In Commonwealth v. Alexander, 243 A.3d 177 (Pa. 2020), the Supreme Court of Pennsylvania held that Article I, Section 8 of the Pennsylvania Constitution affords greater privacy interests than the Fourth Amendment to the U.S.
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
The IAB concludes that regenerative medicine procedures, including orthobiologic injections, do not constitute “reasonable” or “necessary” treatment for a compensable lumbar spine condition.
The claimant injured her lumbar spine in a compensable work accident on January 7, 2019, while working as a bus driver for the State of Delaware. She came under the care of Dr. B.
What’s Hot in Workers’ Comp, Vol. 27, No.
Per the First District Court of Appeal’s per curiam opinion, there was competent, substantial evidence to support the judge’s finding that the claimant did not give timely notice of her injury, and the judge’s order was affirmed.
This case involves two dates of accident that have been consolidated into a single matter. At the time of her accident, the claimant was employed as a clinical coordinator.
What’s Hot in Workers’ Comp, Vol. 27, No.
New Jersey Appellate Court affirms denial of motion for medical and/or temporary disability benefits based upon petitioner’s credibility issues and failure to establish objective evidence.
The petitioner sustained a slip and fall while working for the respondent in December 2017. The petitioner reported the incident but failed to identify any injuries.
What’s Hot in Workers’ Comp, Vol. 27, No.