Publications
Federal District Court refuses to shield internal statement and insurance record from disclosure under work-product privilege, finding the privilege must be specifically asserted and contested materials should be submitted for in camera review.
Addressing a motion to compel brought by the plaintiff, the court reviewed the defendant transportation company’s work-product objection to disclosure of the driver’s statement and the
Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Appellate Division sustains summary judgment dismissing claim against bus company where plaintiff suddenly veered in front of bus and stopped short, creating rear-end accident.
In a classic fact pattern, the plaintiffs alleged an injury, claiming they were safely stopped in traffic when they were rear-ended by a New York MTA bus.
Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Prior acts exclusion applies and coverage is excluded because claim was previously reported to another insurer.
This case involves contract interpretation and insurance coverage.
Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Is a certificate of merit required when a plaintiff files a claim sounding in professional negligence but subsequently attempts to assert that the issue involves simple negligence?
This case involves the issue of whether a certificate of merit is required when a plaintiff files a claim soun
Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Defendants must comply with notice requirements for dismissing a medical malpractice case based on the lack of a certificate of merit.
This case also involves the issue of whether a medical malpractice claim could be dismissed due to the plainti
Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Where there is much uncertainty about the facts, the issue of discovering the injury could not be determined as a matter of law by the court.
This is a medical malpractice matter that involved the issue of whether the statute of limitations was tolled
Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Ohio Supreme Court finds no duty to defend in opioid litigation.
In this closely watched decision, the court was asked to determine whether a CGL insurer was required to defen
Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Superior Court of Pennsylvania applies occurrence rule to dismiss legal malpractice lawsuit on statute of limitations grounds, despite plaintiff’s claim it was unaware of the breach until a lawsuit was filed against it.
The plaintiff, the seller of lots for homes in a planned community, was sued by homeowners arising from misrepresentations contained in the Public Offering Statement concerning the sta
Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Pennsylvania Supreme Court finds no reason to overturn Muhammad.
On July 20, 2022, the Supreme Court of Pennsylvania issued its opinion in this case and determined that it clearly fell under at least one of the recognized exceptions to the “Muhammad
Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
A corporate representative does not waive attorney-client privilege when discussing the factual background for preparation for corporate representative deposition.
In a recent decision from the Fifth District Court of Appeals stemming from an automobile liability case, the
Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.