SCOTUS grants certiorari to hear marine insurance dispute.

Mount Laurel
Maritime Litigation
The Supreme Court of the United States recently granted certiorari to decide whether, under federal admiralty law, “a choice of law clause in a maritime contract can be rendered unenforceable if enforcement is contrary to the ‘strong public policy Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Relying upon dicta set forth in Spencer v. Johnson, trial court held that the Pennsylvania Fair Share Act was inapplicable to multiple defendants unless a plaintiff had some amount of contributory negligence.

Pittsburgh
General Liability
In a non-jury trial, the plaintiff raised negligence and battery claims against the defendants, which arose from an incident in which one defendant shot the plaintiff in the shoulder with a gun that was owned by the other defendant. Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Emergency vehicle driver may be found reckless if he runs a red light, even with lights and sirens on, for purposes of Ohio Revised Code 2744.03.

Cleveland
General Liability
The plaintiff was approaching an intersection at the same time as a township fire truck, resulting in a collision. The plaintiff sued the township and the driver of the fire truck, a township employee. Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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An expert witness, retained and presented as a life care planner, may not use their own medical opinion in calculating future care when that care is not recommended by a treating physician or retained medical expert.

Orlando
General Liability
The plaintiff retained a life care planner, who was also a neurosurgeon, to calculate future medical care, including epidural steroid injections and facet joint injections, that were not recommended by either a treating physician or medical expert Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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The workers’ compensation exclusivity exception must be narrowly construed and the contract at issue must contain sufficient language to establish a third-party indemnity obligation.

Wilmington
General Liability
The plaintiff originally asserted several theories of liability in his complaint, including negligence and breach of express and implied warranties against the defendants, the manufacturer/seller of industrial equipment and the licensor/seller of Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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