Publications
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.
NY Appellate Division Reverses Trial Court, Grants Summary Judgment to Middle Vehicle in Rear-End Collision
The owner and operator of the middle vehicle in a three-vehicle accident moved for summary judgment.
Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Florida Court Affirms Summary Judgment Based on Unrebutted Testimony of Phantom Vehicle in Rear-End Collision
This case arises out of a multi-vehicle accident in which the operator of the rearward vehicle claimed that she was rear-ended by a phantom vehicle, causing the chain of rear-end collisions.
Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
New Jersey Court Dismisses Baseball Team’s Fiduciary Duty Claim Against Board Member, Citing Lack of Individual Liability Under Florida Law
The New Jersey District Court dismissed the plaintiff’s breach of fiduciary duty claim, applying Florida law to determine that no cause of action existed against an individual board member of a not-for-profit entity.
Case Law Alerts, 2nd Quarter, Apri
Court Reviews Fire Department Officials’ Liability in Sexual Assault Case Involving Minor Volunteer
The Delaware Superior Court court is evaluating whether fire department officials can be held liable for their alleged inaction in a case involving the sexual assault of a minor volunteer firefighter.
Case Law Alerts, 2nd Quarter, Apri
No New Trial Warranted When Jury Is Property Instructed
A New Jersey court has denied a defendant’s request for a new trial after a jury found him negligent in a rear-end collision.
Case Law Alerts, 2nd Quarter, Apri