Publications
California Court affirms dismissal, finding Uber had no duty to prevent fake Uber scheme leading to sexual assault.
Multiple women sued Uber and affiliated entities claiming they were sexually assaulted by assailants who lured them into their vehicles by posing as drivers authorized by Uber.
Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
FINRA panel authorizes hold on customer account.
The claimant alleged that the respondent broker-dealer failed to return the cash balance in the claimant’s account after the account closed.
Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Broker wins directed verdict but loses expungement request.
The claimant asserted allegations on behalf of her IRA and Family Trust, including breach of contract, fraud (
Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
New York’s Supreme Court, First Department affirms trial court decision based on plaintiff’s failure to prove causation in asbestos litigation.
The plaintiff sued the defendant-manufacturer of vinyl floor tile and sheet vinyl flooring that contained asbe
Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
NJ Appellate Division addresses applicability of arbitration provisions in two separate decisions involving amusement parks.
First, in Matullo v. Skyzone Trampoline Park, the New Jersey appellate division addressed whether an arbitration provision contained in a participation agreement signed by a 15-year-old was enforceable.
Case Law Alerts, 3rd Quarter, July
NY Supreme Court Appellate Division explains that failure to pay policy limits by insurance company does not constitute bad faith.
After the plaintiff was hit by a vehicle while crossing the street, she filed an action against the tortfeasor and settled the matter for the $25,000 policy limits.
Case Law Alerts, 3rd Quarter, July
DE Superior Court determines that insurance company must indemnify defendant based on MCS-90B.
This is a coverage matter based on an automobile liability case. The underlying automobile case involved the transportation of wedding guests in a “Jolly Trolley” that resulted in a crash, leading to severe injuries for many of the passengers.
Case Law Alerts, 3rd Quarter, July
FL Supreme Court amends Florida Rule of Civil Procedure 1.442 to exclude non-monetary terms.
On its own motion, the Florida Supreme Court amended the Proposal for Settlement Rule to conform with the substantive elements of Florida’s settlement proposal statute, Section 768.79, Florida Statutes (2021).
Case Law Alerts, 3rd Quarter, July
FL District Court finds that signature and “penalties of perjury” language sufficed to meet requirements of disclosure statute.
The trial court held that, as a matter of law, there was no pre-suit settlement agreement between the insurance carrier and its insured, the plaintiff Giordano, as the claims manager who prepared the 627.4137 insurance limits disclosure did not ha
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
DE court clarifies that physical injury is required and mere physiological responses are not enough.
The plaintiffs brought a wrongful death action against the defendant resulting from a car accident in which the decedents were killed simultaneously.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole