Summary Judgment Obtained in a Federal Copyright Case

We secured summary judgment in a four-year-old federal copyright matter filed against a national publication for elementary school principals. The plaintiff alleged that her work was improperly published because it was plagiarized. Through discovery, we were able to prove that this article was authored outside of the three-year statute of limitations.

Summary Judgment Granted in Highly Contested Construction Defect Case

We were granted summary judgment in a $1.3 million construction defect subrogation case involving allegedly improperly sealed roof openings. The subcontractor contested its liability on the theory that our client chose the sealing method, and that the contract itself was deficient. Our motion, that was eventually granted, successfully argued that the contract language met the standard set in Pennsylvania’s Perry-Ruzzi rule.

Defense Verdict in Premises Liability Case

We obtained a defense verdict in a premises liability case where the plaintiff alleged that she tripped and fell on the defendant’s row home stairs outside the property. After less than an hour of deliberations, the jury found negligence, but no causation for the plaintiff’s injuries.

Unanimous Defense Verdict in Medical Malpractice Case

We secured a unanimous defense verdict in a three-week medical malpractice trial involving an allegedly botched total knee replacement. Through the testimony of our client and an expert, we were able to establish that all accepted standards of care were met. The jury deliberated for three days before returning its unanimous verdict.

Unanimous Defense Verdict in Premises Liability Case

We secured a unanimous defense verdict in a premises liability case where an intoxicated social guest fell down stairs at the defendant’s home. As the plaintiff supplied her own alcohol and was dutifully cared for by the defendants after her intoxication, the jury found for our client.

Unanimous Defense Verdict Secured in Fourth Amendment Civil Rights Trial

We obtained a defense verdict in a Fourth Amendment civil rights trial before Judge Michael Baylson in the Eastern District of Pennsylvania. The plaintiff alleged that a public agency violated his Fourth Amendment rights by searching and seizing his personal property after his vehicle was impounded. The defense witnesses each testified that the vehicle was never searched by the public agency and that the public agency does not have a policy or custom of searching vehicles once they are impounded, which was an essential element of plaintiff’s constitutional violation claim.

Workers’ Compensation Claimant Denied Petition for Compensation in All Respects

We obtained a denial for workers’ compensation in a claim that involved alleged injuries to the entire left upper extremity and neck from a work accident. Through the use of an expert witness, we were able to prove that the claimant had sought treatment for his injuries well prior to his employment with our client. As a result, all claims for compensation were denied.

FINRA Arbitration Panel Affirms Validity of FINRA’s Six-Year Eligibility Rule

The claimant asserted causes of action, including breach of fiduciary duty, negligence, violation of the Arizona Consumer Fraud Act, and negligent misrepresentation related to her purchases of American Realty Capital Healthcare Trust, Inc. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Third Circuit Reaffirms the Requirements of Disregarding Qualified Immunity for Law Enforcement Officers

Following the fatal shooting of her son during a mental health episode where he was in possession of a knife, the plaintiff brought ten federal and state law claims, seeking damages from Officer Arnold, the City of Lancaster and the former Lancast Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Clearly Established Constitutional Right: A Fact-Specific, Published Finding Is Necessary to Clearly Establish a “Private Act of Violence”

Emergency medical personnel were granted qualified immunity after pronouncing a person dead, despite her still demonstrating respiratory movement and electrical activity, leading to her transport to a funeral home in a body bag. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.