The Court of Common Pleas of Lehigh County, Pennsylvania held that Section 4-497 of the Pennsylvania Dram Shop Act prohibits common law negligence claims against a liquor licensee.

Pittsburgh
Hospitality & Liquor Liability
The plaintiff was injured in a motor vehicle accident when his vehicle was struck by the defendant-driver’s vehicle, which ran a red light. Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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In non-precedential decision, Superior Court of Pennsylvania ruled that summary judgment was precluded when questions of fact existed relative to a dog’s vicious tendencies, owner’s knowledge of these tendencies, and precautions taken by the owner.

Pittsburgh
Premises & Retail Liability
While visiting the defendant’s home, the plaintiff sustained injuries when the defendant’s pit bull mix attack Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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A store’s motion for summary judgment was denied when the court applied a spoliation of evidence adverse inference due to the store’s failure to preserve video footage of an incident.

Pittsburgh
Premises & Retail Liability
In a diversity matter, the plaintiff alleged that she suffered injuries after slipping and falling on a clear, gel-like substance while shopping in the defendant’s store. Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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To bring an action under the Insurance Fraud Prevention Act, it must be determined whether the alleged fraudulent act amounts to a prerequisite for a violation under the Act.

Mount Laurel
Fraud/Special Investigation
The New Jersey Appellate Division confirmed a motion for summary judgment, finding that even if the defendant had submitted fraudulent fee certifications to the insurance carrier and a Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Superior Court of Pennsylvania applies occurrence rule to dismiss legal malpractice lawsuit on statute of limitations grounds, despite plaintiff’s claim it was unaware of the breach until a lawsuit was filed against it.

Pittsburgh
Lawyers' Professional Liability
The plaintiff, the seller of lots for homes in a planned community, was sued by homeowners arising from misrepresentations contained in the Public Offering Statement concerning the sta Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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