| Marshall Dennehey

PA Supreme Court reverses Superior Court, holds that trial court did not abuse its discretion in denying motion for mistrial based on single, unanswered question proposed to expert witness.

April 1, 2022

This medical malpractice case involved allegations of failure to diagnose a complete tear of the plaintiff’s adductor tendon. Case Law Alerts, 1st Quarter, Apri

Determining liability under Louisiana Product Liability Act for manufacturer of product is based on who actual manufacturer is and entities that label product as their own and/or hold themselves out as manufacturer of product.

Philadelphia - Headquarters

Product Liability

April 1, 2022

The plaintiff sued the defendant, International Wholesale Club (IWC), and many other defendants after he suffered injuries, including burns to his face, while lighting a cigar with an MK lighter. Case Law Alerts, 1st Quarter, Apri

DE Superior Court dismisses legal malpractice claims for failure to identify expert witness who would support claims at jury trial.

Wilmington

Lawyers' Professional Liability

April 1, 2022

The plaintiff claimed that expert testimony was not necessary because the matter at issue involved obvious common sense and public knowledge. Case Law Alerts, 1st Quarter, Apri

Departure from basic requirement of law by blanket refusal to consider whether prejudgment attorney-client communications between bad faith adjusters and counsel protected by attorney-client privilege in resulting bad faith claim.

Orlando

Insurance Services – Coverage & Bad Faith Litigation

April 1, 2022

In anticipation of a bad faith claim stemming from an automobile negligence lawsuit, Allstate assigned its bad faith adjusters and counsel to handle the potential bad faith claim prior to the conclusion of the underlying claim. Case Law Alerts, 1st Quarter, Apri

NJ Appellate Division clarifies applicability of CARES Act in context of unemployment benefits deemed erroneously awarded.

Mount Laurel

Employment Law

April 1, 2022

This matter involved the petitioner’s application to receive unemployment benefits during the COVID-19 pandemic through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), 15 U.S.C. 9021 §§ 9001 to 9141. Case Law Alerts, 1st Quarter, Apri

FL appellate court reverses summary judgment in favor of general contractor because only a portion of work by defendant required specialty certificate.

Tampa

Architectural, Engineering & Construction Defect Litigation

April 1, 2022

The interesting aspect of this case is that we are not dealing with an issue of claimed defective work or resulting damages from the work. Case Law Alerts, 1st Quarter, Apri

NJ Appellate Division weighs in on what standard to apply to coach who was supervising participants of multiple recreational sports at the time.

Roseland

Amusements, Sports & Recreation Liability

April 1, 2022

The plaintiff, a field hockey player, was struck in the head by a fly soccer ball that had vaulted over a ball stopper between the turf field and track. Case Law Alerts, 1st Quarter, Apri

Circuit court will not require plaintiff to hold up prior case with exact same fact pattern that put defendants on notice to defeat qualified immunity.

Cleveland

Public Entity & Civil Rights Litigation

April 1, 2022

A pre-trial detainee died after experiencing delirium tremens while in custody at the county jail. Case Law Alerts, 1st Quarter, Apri

Ohio Supreme Court holds that insurance policy exclusion for water backup encompasses sewage backup.

Cleveland

Insurance Services – Coverage & Bad Faith Litigation

April 1, 2022

The Ohio Supreme Court was asked to determine if a water backup exclusion in a commercial property policy excluded coverage for damage caused by a sewage backup or overflow. Case Law Alerts, 1st Quarter, Apri

It is jury’s responsibility to resolve issue of whether policyholder made material judgment under NJ Insurance Fraud Prevention Act.

Mount Laurel

Fraud/Special Investigation

April 1, 2022

An insurance carrier filed claims against its policyholder under common-law and statutory insurance fraud (Insurance Fraud Prevention Act) in New Jersey. The trial court granted summary judgment to the insurer on liability. Case Law Alerts, 1st Quarter, Apri

Subscribe to