Publications
Boardable expenses may include the first $15,000 of UIM coverage if the uninsured vehicle that caused bodily injury is more akin to a fixture, as opposed to a mode of transportation.
In an unpublished opinion, the Superior Court of Delaware considered the following factual scenario.
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
Declining to resolve prompts to interpret language of statute of repose, court says question of “lawfully” is a factual determination and quashed appeal of denial of motion for summary judgment on basis that claims barred by statute of repose.
The trial court denied the contractor’s motion for summary judgment based on the statute of repose, opining that the “current state of the law o
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
Loss of society damages and punitive damages are not available under the general maritime law where a minor plaintiff sues arising out of a maritime personal injury accident involving her father.
The California Court of Appeal affirmed the trial court’s grant of judgment on the pleadings against a minor plaintiff who sought recovery for loss of society da
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
Court finds issue of fact based on statements in medical records.
The court denied summary judgment to the plaintiff on his Labor Law 241(6) claim based on conflicting versions of the accident in his testimony versus statements
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
Without any further factual allegations, the plaintiff’s proposed second amended complaint failed to plausibly allege the existence of a product defect.
The plaintiff brought suit against the manufacturer and online seller (Amazon) when the eye lubricant she purchased allegedly caused her permane
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
Pennsylvania Superior Court holds that appellees did not owe a legal duty under Section 324A of the Restatement (Second) of Torts.
The plaintiff was injured when a large branch fell off of a maple tree adjacent to a property owned by Prospect Crozer.
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
Superior Court of Pennsylvania holds that a motion to seal a petition to approve settlement agreement was not supported by good cause.
The case deals with a motion to seal a petition to approve a settlement agreement in a case involving a medical malpractice case filed by the pa
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
The Superior Court held that the trial court’s error in permitting plaintiff’s use of a neurology textbook to cross-examine the defendant was prejudicial.
This medical malpractice claim involved an allegation brought by the parents of a child against health care providers for a permanent spinal cor
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
The New Jersey Appellate Division finds the lower court judges abused their discretion by applying the judicial estoppel doctrine and incorrectly dismissed plaintiff’s claim for medical negligence.
The plaintiff appealed two orders entered by different judges that dismissed his pleadings against an endodontist where he alleged negligence, a
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
Court of Appeal once again recognizes disparate treatment between opposing parties on discovery of expert bias and certifies question to Florida Supreme Court to seek equal application of the law on plaintiffs and defendants.
Just as it did in its 2019 opinion in Younkin v.
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte