Defense verdict in premises liability case with well over seven-figures at stake.

We obtained a defense verdict following a 10-day jury trial on behalf of a national home improvement company and garden center, where the plaintiff’s demand was over seven figures. The plaintiff, a 79-year-old female, was using a rollator (walker) to assist her walking when she fell at a garden center. Plaintiff claimed that the front wheel of her rollator struck and got caught on the raised baseplate bolts of a column, causing her to fall.  The plaintiff was taken out on a stretcher with a fractured leg that required ORIF surgery and a recommendation for future hip replacement.  

Third Circuit holds Uber drivers are not exempt from Federal Arbitration Act and are subject to binding arbitration.

The Third Circuit joined the First and Ninth Circuits in holding that Uber drivers are not exempt from the Federal Arbitration Act (FAA) and, therefore, are subject to binding arbitration.  Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

The en banc Third Circuit concludes citizens with prior felony convictions for welfare fraud are among ‘the people’ protected by the Second Amendment.

In 1995, Bryan David Range pleaded guilty to one count of making a false statement to obtain food stamps in violation of Pennsylvania law and faced up to five years’ imprisonment. Following the conviction, Mr. Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Plaintiffs lacked prudential standing to assert claims because their complaint alleged only damages suffered by non-party companies.

The district court granted the defendant’s motion to dismiss in an action asserting claims for breach of fiduciary duty and legal malpractice. Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

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

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.

Pennsylvania court denies stay in action filed against insurer and insurance broker.

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.

Third Circuit reaffirms high bar for showing ‘severe and pervasive’ harassment for hostile work environment claims under Title VII.

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.