Publications
NY Appellate Division rules a “termination letter” could be of probative value on issue of negligence and is discoverable even in absence of negligent hiring or retention claim.
Plaintiffs in New York generally cannot maintain claims of negligent hiring, retention, training, supervision, etc.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
New Jersey extends the statute of limitations in construction cases involving planned real estate development associations.
N.J.S.A. 2A:14-1 has been amended to add a new subsection.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Impermissible to calculate delay damages for additional labor costs based on comparison of pre-contract estimate of labor costs and actual labor costs.
A subcontractor on a city project brought an action for delay damages, and the defendant appealed an award in excess of $40 million following a non-jury trial, including $9.8 million in additional labor cost damages.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Third-party claims for common-law contribution not cognizable where underlying claim seeks to hold defendant liable for economic losses based on improper performance under contract.
The general contractor for the construction of a building brought a breach of contract action against a subcontractor arising from the building’s steel superstructure dropping during construction and allegedly setting off a chain reaction of damag
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Without affidavit from someone with knowledge of Offering Plan, summary judgment barred where defendant argued no liability due to disclaimer in the Offering Plan.
A condominium’s board of managers filed suit against the sponsor, alleging breach of the Offering Plan.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Recent ruling by PA federal court confirms construction defect claims are not covered by Commercial General Liability policies.
While most states treat claims seeking damages for defective or faulty workmanship as covered under Commercial General Liability (CGL) policies, a recent United States District Court ruling confirms that Pennsylvania belongs to the small group of
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
No implied payment contract for duration of policy established where insured is entitled to change broker of record.
The plaintiff, an insurance broker, sued its insurance customer (defendant) for purportedly changing its broker of record, thus forfeiting the plaintiff’s ability to collect premiums on the policies placed for the defendant.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Punitive damages awarded against attorney in legal malpractice action where attorney found to be derelict in providing representation to client.
The trial court, in a rare action, granted summary judgment to the plaintiffs in this legal malpractice action, finding that reasonable minds could not disagree that the defendant attorney had committed malpractice sounding in both negligence and
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Gist of the action doctrine bars legal malpractice claim sounding in breach of contract when no breach of specific contractual promise is alleged.
The trial court dismissed the plaintiff’s legal malpractice claim sounding in breach of contract where the amended complaint did not allege facts to support that the defendant law firms breached any “specific executory promise.” The plaintiff alle
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Summary judgment granted on legal malpractice action where plaintiff failed to timely produce an expert report.
The plaintiff in this legal malpractice action failed to produce an expert report by the deadline provided in the case management order.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole