Publications
Superior Court Reverses New Trial, Finds Expert Testimony Objection Waived by Failure to Re-Raise at Trial
    
      
              On appeal, the Superior Court of Pennsylvania reversed an order granting a new trial and remanded the case for entry of judgment in favor of the appellant because the appellee had waived his pre-trial motion to exclude to expert testimony. 
              Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
          
  
    
  
Superior Court Affirms New Trial in Zoo Injury Case Due to Omission of Open and Obvious Doctrine in Jury Instructions
    
      
              On appeal, the Superior Court of Pennsylvania affirmed a trial court’s granting of a new trial after recognizing it erred in failing to instruct the jury as to the open and obvious doctrine.
              Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
          
  
    
  
Superior Court Vacates Venue Transfer, Orders Discovery on Defendant’s Business Activities in Original County
    
      
              On appeal, the Superior Court of Pennsylvania vacated and remanded a trial court’s transfer of venue order, holding that the trial court had erroneously granted the order because it had failed to first order venue-related discovery where evidence 
              Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
          
  
    
  
Superior Court Reverses Verdict, Orders New Trial for Pain and Suffering and Loss of Consortium in Amputation Case
    
      
              On appeal, the Superior Court of Pennsylvania reversed and remanded a trial court’s verdict that failed to award damages to the plaintiff for pain and suffering and to the plaintiff’s wife for loss of consortium. 
              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 Affirms State Liability in Intersection Crash, Finds Other Driver’s Negligence Not a Superseding Cause
    
      
              In a case involving an automobile collision, the Supreme Court of New York, Appellate Division affirmed a decision in favor of the claimants, holding that the other driver’s negligence was not a superseding cause, thus precluding the State of New 
              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 Reverses Summary Judgment, Finds Triable Issues of Fact in Vehicle Collision Liability Dispute
    
      
              On appeal, the Supreme Court of New York, Appellate Division reversed a trial court’s order granting summary judgment on the issue of liability because the record demonstrated that there is a legitimate issue of fact regarding liability between th
              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 Affirms Wrongful Death Verdict, Upholds Damages for Pre-Impact Terror, Pain and Suffering, and Economic Loss
    
      
              On appeal, the Supreme Court of New York, Appellate Division affirmed a trial court’s decision to deny the defendant’s motion to set aside the verdict in a wrongful death case. 
              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 Affirms Denial of New Trial, Finds Mockler Instruction Proper in Wet Roadway Collision Case
    
      
              On appeal, the Superior Court of New Jersey, Appellate Division affirmed a trial court’s order denying the plaintiff’s motion for a new trial, finding that the trial court did not err in providing a Mockler instruction to the jury in this
              Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
          
  
    
  
New York Court Reaffirms Internal Affairs Doctrine, Denies Standing in Derivative Suit Against English Corporation
    
      
              “Few principles are more firmly entrenched in corporate law than the internal affairs doctrine, a choice-of-law rule providing that, with rare exception, the substantive law of the place of incorporation governs disputes relating to the rights and
              Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
          
  
    
  
NJ Court Rules Lack of Optional Driver-Assistance Tech Does Not Constitute Design Defect Under Products Liability Law
    
      
              The New Jersey Appellate Division was presented with a question about what constitutes a defective product or design under the New Jersey Products Liability Act when more advanced technology exists on the market but is not in the subject product.
              Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.