Political subdivisions need only be reasonable, not Herculean, in their attempts to locate records to be produced in response to public records request.

Cleveland
Public Entity & Civil Rights Litigation
A relator filed a mandamus action to compel the City of Sheffield to produce documents in response to a public records request. Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Pennsylvania court denies stay in action filed against insurer and insurance broker.

Philadelphia - Headquarters
Insurance Agents & Brokers Liability
An insurance broker sought to stay the plaintiff’s negligence action asserted against it pending a determination on the claims of breach of contract and bad faith alleged against the insurer. Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Third Circuit reaffirms high bar for showing ‘severe and pervasive’ harassment for hostile work environment claims under Title VII.

Philadelphia - Headquarters
Employment Law
A nurse practitioner sued her employer alleging, inter alia, a hostile work environment on the basis of her sex in violation of Title VII of the Civil Rights Act of 1964 (Title VII). Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Superior Court: Yes, we actually mean actual authority for an actual settlement of a civil case.

Philadelphia - Headquarters
Appellate Advocacy & Post-Trial Practice
Driscoll and King were partners in a venture operating a restaurant. Their relationship soured, and so as not to sour matters for their customers, they sought to separate amicably. Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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The lack of a retainage payment to a general contractor did not bar payment to the general contractor’s subcontractors, regardless of a condition precedent requiring that the general contract be paid before the subcontractors.

Mount Laurel
Architectural, Engineering & Construction Defect Litigation
As addressed in the unreported case of J &M Interiors, Inc. v. Centerton Square Owners, LLC, (A-2536-19, 2021 WL 1976648 (N.J. Super. Ct. App. Div. Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Broker-dealer found grossly negligent for employees’ Ponzi scheme operated out of its offices.

Philadelphia - Headquarters
Securities & Investments Professional Liability
A group of investors alleged causes of action, including breach of fiduciary duty and respondeat superior, against the broker-dealer for its failure to supervise four of its employees who operated a Ponzi scheme out of the broker-dealer’s Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Arbitrator finds no extraordinary circumstances existed that would permit the equitable tolling of FINRA’s six-year eligibility rule.

Philadelphia - Headquarters
Securities & Investments Professional Liability
In an action filed in 2022 involving allegations of breach of fiduciary duty, negligence and fraud related to certain unspecified securities, an arbitrator granted the respondent broker-dealer’s motion to dismiss pursuant to FINRA Rule 12206. Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Ohio Appellate Court holds expert testimony not required to support claim for bad faith.

Cleveland
Insurance Services – Coverage & Bad Faith Litigation
The Ohio Second District Court of Appeals reversed summary judgment in favor of an insurer and remanded the case back to the trial court for further proceedings, holding that the plaintiff did not need an expert to proceed to trial on a bad faith Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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