Publications
Legal Update for Securities
DOL Proposes Another Delay For Implementation of the Fiduciary Rule: What It Means to RIAs
Prepared by John P. Quinn, Esq.
IP Claims Quarterly
Florida Decision Shows Dissimilarities Outweigh Similarities in Copyright Claims
The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin.
Special Law Alert - Two Recent Unfavorable Appellate Decisions
Pennsylvania Appellate Courts recently issued two significant decisions resulting in widespread practical implications for patient treatment and litigation involving informed consent and medical negligence.
Res ipsa loquitur claim dismissed by trial court but permitted on appeal for injury when sprinklers turned on.
The trial court ruling that res ipsa loquitur was inapplicable was reversed because expert testimony was required to determine why or how the sprinkler system could turn on.
Case Law Alerts, 3rd Quarter, July 2017
YMCA not dismissed on Charitable Immunity, but on Assumption of Risk, for a run into a wall as trial court was premature.
The plaintiff’s claim, that she fell and hit her head in a fitness class due to running too fast and fell into a wall, was dismissed as Assumption of the Risk by the trial court. The appellate court found the opposite.
Case Law Alerts, 3rd Quarter, July 2017
Summary judgment was partially granted as to failure to warn in a negligence claim arising from an amusement park game.
The plaintiff was injured at a rubber mallet game when the mallet bounced off the strike pad and hit him in the face. A several-count motion for summary judgment was denied as to the striking expert witnesses for his breach of duty opinion.
Case Law Alerts, 3rd Quarter, July 2017
In punitive damages trial, trial court abused its discretion when it failed to instruct jury it could not award an amount of punitive damages that would financially destroy defendant.
Mr. Persaud rear-ended a vehicle that resulted in the death of the driver, Mr. Santiago, and the passenger, Mr. Batista. Mr. Persaud was convicted of two counts of DUI manslaughter and sentenced to two life sentences.
Case Law Alerts, 3rd Quarter, July 2017
Notice of one defect in elevator mechanics is insufficient to prove notice of other defects, leading to summary judgment for defendants.
The plaintiff sued a condominium association and elevator maintenance company after a defective “electric eye” (used to detect people and objects in the doorway of the elevator) allegedly caused the plaintiff to be struck by the elevat
Case Law Alerts, 3rd Quarter, July 2017
Plaintiff not entitled to PIP benefits after he twice failed to appear for IMEs and carrier followed up with letters explaining bills would not be paid if he had two or more unexcused failures to attend.
The plaintiff failed to appear twice for an IME. He did not provide any justification to the PIP carrier for his lack of attendance.
Case Law Alerts, 3rd Quarter, July 2017
Summary judgment granted as plaintiff failed to disclose a sufficient expert opinion; an expert disclosure must adequately state the basis for opinions reached.
The plaintiff filed a complaint in which he alleged he was injured while stepping into a hot tub at the defendant’s community center.
Case Law Alerts, 3rd Quarter, July 2017