Publications
The burden shifts to defendants to present evidence of diminution in property value to challenge cost-of-repair damages in construction defect case.
The Pennsylvania Superior Court affirmed a trial court’s decision to award cost-of-repair damages to a homeowner that amounted to almost half of the market val
Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int
Florida governor shortens statute of limitations for certain employment discrimination claims.
The Florida Commission on Human Relations (FCHR)
Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int
Standing found where a shareholder alleged an individual injury separate and apart from the corporate entity.
This matter arose from claims of breach of contract, breach of implied contract, quasi contract, breach of the covenant of good faith and fair dealing, and qua
Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int
District Court dismisses claim for insurance benefits against employer, finding it was the plan administrator, not the employer, who made the benefits determination.
This matter arises from the plaintiff’s claim under Section 502(a)(1)(B) of the Employee Retirement Security Act of 1974 (ERISA), seeking to recover insurance
Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int
District Court recognizes reporting of employer’s alleged illegal actions to co-worker are insufficient to establish the third element of a CEPA claim.
This matter arises from a Conscientious Employee
Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int
Without any specific inquiry or request from the insured for insurance coverage that might apply to a pandemic-related government closure, the brokers had not breached their duty to obtain requested coverage.
The plaintiff, Soundview, purchased a commercial
Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int
Ohio Appellate Court holds the intentional demolition of interior space was not an accident or occurrence that triggered coverage under contractor’s CGL policy.
The insured, Neyer, was in contract negotiations
Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int
Ohio Supreme Court accepts review of duty to defend in opioid litigation.
The Ohio Supreme Court has accepted a discretiona
Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int
The open and obvious doctrine and whether the defendant breached its duty to maintain the premises in a reasonably safe condition.
The defendant was a general contractor overseeing a parking garage construction project.
Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int
Has the Pennsylvania Superior Court limited application of the Muhammad Doctrine in attorney malpractice cases?
On January 5, 2021, the Pennsylvania Superior Cou
Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int