Publications
Racially inappropriate comments made by supervisor during interactions surrounding termination don’t void basis for termination itself.
The plaintiff alleged that he was wrongfully terminated due to his race and sought to support his claim by the fact that he was allegedly called racially insen
Case Law Alerts, 4th Quarter, October 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments
Allegations of mismanagement of employee’s medical treatment for a work injury doesn’t give rise to a discrimination claim.
The plaintiff was injured in a work accident, and he acknowledged that the injury resulted in his inability to perform the essential functions of his job.
Case Law Alerts, 4th Quarter, October 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments
4th DCA lays out the fundamentals of post-judgment awards and the applicability of setoffs.
Florida law allows for the challenging of a post-judgment award as being excessive.
Case Law Alerts, 4th Quarter, October 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments
Where an employer was on notice of a claimant’s work injury and did not timely issue an NCP as required by the Act, there was no reasonable basis to contest the claim petition and an award of attorney fees under § 440(a) of the Act should have been made.
The claimant sustained a work injury to his left arm on February 27, 2016, and gave the employer notice of the injury
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of intere
Volunteering to maintain a park does not establish ownership or control for liability for injury from tree.
The plaintiff’s action for injury—a tree limb fell on her at a little league game—was dismissed as she failed to establish: (1) sufficient injuries pursuant to t
Case Law Alerts, 3rd Quarter, July 202
Creative effort at class action for gym initiation fees fails in New Jersey.
The plaintiff, an individual who signed up for a fitness membership, brought a class action suit under the Retail Installment Sales Act (RISA), N.J.S.A.
Case Law Alerts, 3rd Quarter, July 202
Sponsorship does not equal control.
The plaintiff attempted to sue Reebok under a theory of premises liability and negligent selection of premises theories for an alleged dangerous condition that c
Case Law Alerts, 3rd Quarter, July 202
Detailed pleadings of the fraud required to survive a motion to dismiss for lack of sufficient particularly.
The plaintiffs filed suit against the defendants seeking reimbursement of paid bills allegedly submitted through fraudulent no-fault insurance charges.
Case Law Alerts, 3rd Quarter, July 202
Commercial landowner may have duty to take reasonable steps to render public walkway reasonably free of snow and/or ice during ongoing storm, despite previously applied on-going storm rule.
The plaintiff appealed the trial court’s application of the on-going storm rule, which provided that a commercial property owner had no duty to
Case Law Alerts, 3rd Quarter, July 202
Expert materials disclosed must satisfy Rule 26(b)(4) requirements.
In this personal injury matter, the defendant filed a motion in limine to exclude the plaintiff’s two treating doctors from testifying at trial.
Case Law Alerts, 3rd Quarter, July 202