Court issues order striking plaintiff’s demand for attorney’s fees.

An allegation in the plaintiff’s complaint demanded a right to attorney’s fees under Fla. Stat. §§ 627.428, 627.9373 and/or 627.7152. Truck Insurance Exchange filed a motion to strike the plaintiff’s claim for attorney’s fees. Legal Update for Florida Coverage & Property Litigation – July 2024 is prepared by Marshall Dennehey to provide information on recent legal develo

DELAWARE SUPREME COURT AFFIRMS THE DECISIONS OF THE IAB AND SUPERIOR COURT, HOLDING THAT AN EMPLOYER CORRECTLY PAID FOR KETAMINE INFUSION TREATMENT IN ACCORDANCE WITH THE DELAWARE FEE SCHEDULE

The claimant injured her right wrist in 2016 while working as a teacher for the State. Her injury eventually developed into complex regional pain syndrome (CRPS) involving multiple extremities. From 2017 to 2021, the State paid for 23 ketamine infusion treatments to treat the claimant’s CRPS. The treatment was rendered by an out-of-state provider. In 2019, the State contracted with a new bill-review company that paid substantially lower amounts than was previously paid for the same treatment.

Defense Verdict Secured in a Seven-Day Defamation Jury Trial

We won a defense verdict in a seven-day jury trial in the Philadelphia Common Pleas court. The case involved a defamation claim based on an article published in a local community newspaper. The defendants were the local Community Council and the two individuals who wrote and published the article. According to the plaintiff, the article named him and implied he wrote an anonymous letter that threatened legal action, which was seen as contrary to the community’s interest. The demand had been $1.75 million, and the plaintiff was offered $50,000.

Dismissal of Breach of Contract and Professional Malpractice Claims Achieved at Trial

We achieved dismissal of a breach of contract and professional malpractice claim against a professional engineering firm that provided construction monitoring services for a lender. When the project went south (for a multitude of reasons unrelated to the engineer's services), the project developer, who had obtained an assignment of rights from the lender, sought to hold the engineer responsible for project cost overruns. After a seven-day bench trial and testimony from nine witnesses, the court dismissed the complaint in its entirety.

Defense Verdict Received in Title VII/Section 1983 Sexual Harassment Case

We obtained a defense verdict in a Title VII/Section 1983 sexual harassment case. This claim was filed against a City in Pennsylvania and was heard in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiff alleged that she was subjected to a hostile work environment by a City official, and that the City failed to take appropriate remedial measures. The jury concluded that the plaintiff failed to prove that she was sexually harassed after deliberating for just over an hour.

Summary Judgment Obtained in Breach of Contract Case

We secured summary judgment on behalf of a custom-home builder in a breach of contract case. The plaintiffs contracted with our client to build their dream home, but, due to the plaintiffs’ change of scope and the increase of costs and services, an attempt was made to modify the parties’ contract. The plaintiff objected and submitted the dispute to the parties’ chosen arbitrator for a binding decision. The arbitrator fully sided with the builder; however, the plaintiffs moved before the Superior Court of New Jersey to have the arbitration award vacated.

Defense Verdict Secured in a Contentious Long-Term Care Case

We received a defense verdict in a contentious long-term care case that included a unique spoliation issue, allegations of cover-up regarding the cause of death and a “no show” plaintiff. A longtime nursing home resident, who was suffering from “end-stage dementia,” died nine days after suffering head trauma following a fall. The plaintiff was the resident’s son who was not his mother’s guardian. The plaintiff contacted a lawyer who delivered the body across Pennsylvania to a forensic pathologist for a private autopsy.