Publications
A store’s motion for summary judgment was denied when the court applied a spoliation of evidence adverse inference due to the store’s failure to preserve video footage of an incident.
In a diversity matter, the plaintiff alleged that she suffered injuries after slipping and falling on a clear, gel-like substance while shopping in the defendant’s store.
Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
A gym was not liable for a slip and fall incident when there was no evidence of actual or constructive notice.
The plaintiff slipped and fell on an unknown substance in the men’s locker room of the defendant gym.
Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
In non-precedential decision, Superior Court of Pennsylvania ruled that summary judgment was precluded when questions of fact existed relative to a dog’s vicious tendencies, owner’s knowledge of these tendencies, and precautions taken by the owner.
While visiting the defendant’s home, the plaintiff sustained injuries when the defendant’s pit bull mix attack
Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
The Court of Common Pleas of Lehigh County, Pennsylvania held that Section 4-497 of the Pennsylvania Dram Shop Act prohibits common law negligence claims against a liquor licensee.
The plaintiff was injured in a motor vehicle accident when his vehicle was struck by the defendant-driver’s vehicle, which ran a red light.
Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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
PA Superior Court determines the “regular use” exclusion is unenforceable.
The plaintiff, a police detective, was driving a police car owned by his employer at the time of the incident. The plaintiff owned three personal vehicles on two insurance policies through Erie Insurance.
Case Law Alerts, 3rd Quarter, July