Publications
Court denied Sussex County’s summary judgment motion despite plaintiff’s inability to identify the source or timing of the spill upon which she slipped.
The plaintiff allegedly fell in the women’s restroom at the Sussex County Airport and Deli Days.
Case Law Alerts, 3rd Quarter, July 202
Plaintiff’s and employees’ testimony of lack of inspections creates a genuine issue of material fact as to the defendant’s constructive notice of the spill.
The plaintiff slipped and fell on a transitory foreign substance inside the bathroom of a plasma donation center.
Case Law Alerts, 3rd Quarter, July 202
A breach of warranty claim must be supported with expert testimony, but can plaintiff be his own expert?
In Delaware, a personal injury claim for breach of warranty arising from a product’s defect requires proof that the product was actually defective and that the d
Case Law Alerts, 3rd Quarter, July 202
Predicting what the PA Supreme Court would do, the Eastern District Court finds strict liability claim against prescription medical device manufacturer is barred.
The plaintiff's doctor implanted in her a Bard G2 inferior vena cava filter—a prescription medical device—to prevent pulmonary embolism.
Case Law Alerts, 3rd Quarter, July 202
Amazon Primed for battle over status under Section 402A.
Seeking clarification of whether Amazon is a proper defendant under Section 402A for a strict product liability claim brought by a person injure
Case Law Alerts, 3rd Quarter, July 202
Third-party defendants are subject to contribution claims filed against them by joint tortfeasors unless there exists a right to dismissal.
Suppose your client is facing third-party professional liability claims for contribution and common-law indemnification only from an original de
Case Law Alerts, 3rd Quarter, July 202
Pennsylvania Superior Court provides clarification on medical malpractice expert testimony.
The plaintiff sued several medical providers, including a surgeon and his surgical practice.
Case Law Alerts, 3rd Quarter, July 202
The lead class plaintiff, especially in securities litigation context, should have a larger financial interest in the litigation and meet the requirements imposed under Fed. R. Civ. P. 23.
This securities class action lawsuit was filed under the Private Securities Litigation Reform Act (PSLRA) and alleged violations of the Securiti
Case Law Alerts, 3rd Quarter, July 202
Even where there is more than one contributing peril to a loss, coverage can be precluded if the policy expressly sets forth anti-concurrent language.
The Third District Court of Appeal has shed light on the power of anti-concurrent language within homeowners policies of insurance.
Case Law Alerts, 3rd Quarter, July 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of intere
Ohio Supreme Court declines to allocate liability across multiple insurers and multiple policy periods when the injury or damage occurred at a discernible time.
Ohio has long recognized the “all sums” approach to allocation of insurance coverage for long tail claims that occur over multiple policy period
Case Law Alerts, 3rd Quarter, July 202