Publications
Florida appellate decision alters how the business judgment rule may be used when defending condo associations and their officers and directors.
In Florida, the business judgment rule cloaks associations as well as officers and directors of condominium and homeowners’ associations with protection from their decisions made in carrying out corporate business on behalf of the association.
Case Law Alerts, 1st Quarter, Apri
Presuit investigation not required as language in complaint against medical facility alleged general negligence, not medical negligence.
A trial court determined that a presuit investigation was not required as the language in the complaint against a medical facility alleged general negligence, not medical negligence.
Case Law Alerts, 1st Quarter, Apri
Marriage is not enough to establish privity related to collateral estoppel or res judicata.
In 2019, a Justice of the Peace Court action was brought by Paulette Pace against Chelsea Jester for property damage to Paulette Pace’s recreational vehicle.
Case Law Alerts, 1st Quarter, Apri
Biomechanical engineer permitted to testify as to how an accident occurred, but not with respect to the plaintiff’s ability to withstand physical forces.
The plaintiff filed a motion to exclude the defendant’s biomechanical engineer expert form testifying at trial.
Case Law Alerts, 1st Quarter, Apri
New Jersey Supreme Court Holds That Internal Affairs Investigations May Be Provided Under the Common Law Right of Access
On March 14, 2022, the New Jersey Supreme Court unanimously held that internal affairs investigations are not protected under the common law right of access and, therefore, cannot be withheld based on confidentiality in certain circumstances.
The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin.
Legal Updates for Lawyers’ Professional Liability - RESULTS & THOUGHT LEADERSHIP
LAWYERS’ PROFESSIONAL LIABILITY RESULTS*
THOUGHT LEADERSHIP
Delaware Superior Court Dismissed Plaintiff’s Legal Malpractice Claims Because He Failed To Identify an Expert Witness Who Would Support His Claims at His Forthcoming Jury Trial.
In Weiner v. Holfeld, 2021 WL 5577255 (Del. Super. Ct. Nov. 30, 2021), the plaintiff claimed that expert testimony was not necessary because the matter at issue involved obvious common sense and public knowledge.
The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin.