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An indemnification provision in a release is valid and enforceable against the spouse who actually signed the release.

April 1, 2021

The plaintiff-wife sustained injuries while ridin Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int

The Supreme Court of Pennsylvania rules that liability expert’s reports produced by a non-moving party in response to a motion for summary judgment must be considered in a light most favorable to the non-moving party.

Pittsburgh

Premises & Retail Liability

April 1, 2021

The plaintiff was injured when the snow tube he w Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int

Net-Opinion Rule barred opinion of nurse expert as to the standard of care for protection of patients in assisted-living facility where the expert had no experience in that environment.

Roseland

Premises & Retail Liability

Long-Term Care Liability

April 1, 2021

The plaintiff, an 81-year old resident of an assi Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int

Appellate Division affirms trial court’s decision that the mode-of-operation rule did not apply in the area of the grocery store where injury occurred.

Roseland

Premises & Retail Liability

April 1, 2021

The plaintiff slipped and fell on liquid on the floor of the grocery store near the check-out area. Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int

In New Jersey, the Ongoing Storm Doctrine remains a fact-specific analysis rather than the former bright-line rule.

Roseland

Premises & Retail Liability

April 1, 2021

The plaintiff brought claims for personal injuries after he slipped and fell on an ice/snow-covered walkway adjacent to the defendants’ donut store. Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int

The Recreational Use of Land and Water Act does not provide immunity from negligence to a licensee of a landowner when the licensee lacks possessory rights to the land and the public is charged for use of the land.

Pittsburgh

Premises & Retail Liability

April 1, 2021

The plaintiff, a snowmobile operator, was injured Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int

U.S. Court of Appeals for the Fifth Circuit upheld a Sieracki unseaworthiness finding.

Mount Laurel

Maritime Litigation

April 1, 2021

In Rivera v. Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int

Courts clarify disclosure of prior medical records.

New York

General Liability

April 1, 2021

The Second Department held that the defendants were entitled to five years of the plaintiff’s medical records where “broad allegations of injuries, exacerbatio Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int

Specific language in a sales contract does not waive material misrepresentations in the procurement of a sale.

Mount Laurel

Fraud/Special Investigation

April 1, 2021

The defendant appealed a judgment in which it was determined they violated the Consumer Fraud Act (CFA), N.J.S.A. Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int

A general contractor does not owe a duty of care to protect against harm to subcontractor’s employee where general contractor does not retain any control over the manner and means of the work.

Roseland

Construction Injury Litigation

April 1, 2021

In accordance with the well-established case of Tarabokia v. Structure Tone, 429 N.J. Super. Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int

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