Publications
Ohio Supreme Court: City’s Refusal to Arbitrate Under Last-Chance Agreement Not an Unfair Labor Practice
An employee of the Department of Public Works was on a last-chance agreement when he committed another fault and was terminated.
Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Court Affirms Labor Law § 240(1) Liability Despite Lack of Witnesses and Plaintiff’s Potential Comparative Negligence
The plaintiff was injured when he fell off a scaffold. However, there were no witnesses who saw him fall. Other workers heard a sound and then found the plaintiff on the ground next to the collapsed scaffold.
Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Federal Court Shields Lyft from Liability in Driver Altercation, Citing Independent Contractor Status
The United States District Court for the Northern District of Georgia granted summary judgment in favor of Lyft in a personal injury claim stemming from an altercation involving a Lyft driver.
Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Superior Court Reverses Dismissal, Holds Electronically Signed Praecipe Timely Filed Upon Receipt by Prothonotary
The Superior Court of Pennsylvania ruled that a praecipe for writ of summons was deemed to be timely filed as of the date it was initially received by the county prothonotary’s office and the prothonotary’s office did not have the authority to rej
Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Superior Court Affirms New Trial in Zoo Injury Case Over Omitted Open and Obvious Jury Instruction
The Superior Court of Pennsylvania affirmed an order granting a new trial, as the jury was not instructed on the open and obvious doctrine and the verdict slip did not include a question on whether the at-issue condition was open and obvious.
Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Trial Court Allows Punitive Damages Claim to Proceed in Campground Bleacher Fall Case, Citing Monroe Standard
A Pennsylvania trial court overruled primary objections to claims of punitive damages when the plaintiffs’ alleged material facts to state a cognizable claim for negligence and generally averred that the defendant acted intentionally, recklessly,
Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Appellate Court Revives Nursing Home Rights Claim, Rejects Limitation to Current Residents Under NHA
The plaintiff fell in his room at the defendants’ nursing facility. Because the plaintiff was taken to the hospital the next morning, September 16, 2019, he was discharged from the nursing facility that day.
Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Medical Malpractice Suit Dismissed for Inadequate Affidavit of Merit in Wrongful Death Following Kidney Biopsy
The decedent had undergone an elective kidney biopsy and suffered a large retroperitoneal bleed, resulting in her death.
Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Court Dismisses Claims in Electrocution Death, Citing Shotgun Pleading and Immunity for Decedent’s Employer
Carlos Melendez was working on a “transmission tower painting crew” for one of several named defendants when he was electrocuted and killed while working in the course and scope of his employment. After his death, Mr.
Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Defendants Waived Right to Arbitration by Litigating for 17 Months Before Filing Motion
The class action plaintiffs alleged that they purchased Supplemental Liability Insurance, which they claim the defendants promised to procure from an authorized third-party insurer.
Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.