| Marshall Dennehey

Pennsylvania Supreme Court Rules Part of Jurisdictional Statute Unconstitutional, Taking Forum Shopping Tool Out of Plaintiffs’ Toolkit

December 27, 2021

Mallory v. Norfolk Southern Railway Co., 3 EAP 2021, Pa. Supreme Court, December 22, 2021. The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman &

Biomechanics expert overcomes motion to preclude his testimony, and Delaware Superior Court reaffirms criteria required for admissibility.

Wilmington

General Liability

January 3, 2022

The plaintiffs moved to exclude Dr. Brock, a biomechanics expert, from testifying at trial that injuries claimed were not caused by the subject motor vehicle accident. The court denied the motion, finding: (1) Dr. Case Law Alerts, 1st Quarter, Janu

Plaintiff waives PIP coverage in Maryland but is entitled to PIP coverage in Delaware.

Wilmington

Personal Injury Protection (PIP) Litigation

January 3, 2022

The plaintiff, a Maryland resident and operating a Maryland insured vehicle, was involved in an automobile accident in Delaware. Maryland law permits its residents to waive PIP coverage, and the plaintiff did waive that coverage. Case Law Alerts, 1st Quarter, Janu

Plaintiff’s Labor Law § 240 claim dismissed because the accident did not involve a gravity related incident.

New York

New York Construction & Labor Law

January 3, 2022

The Supreme Court of New York, County of New York granted the defendants’ motion for summary judgment dismissing New York Labor Law 240(1) claim. Case Law Alerts, 1st Quarter, Janu

Florida Supreme Court decides that financial relationship between defendant’s automobile liability insurer and his expert witnesses is discoverable.

Fort Lauderdale

Automobile Liability

January 3, 2022

In this automobile negligence case, the plaintiff sought to discover from the defendant information concerning the financial relationship between the defendant’s non-party insurer and his expert witnesses. Case Law Alerts, 1st Quarter, Janu

NJ Appellate Division remands for a “more robust application” of Ullmann test in light of discovery demands seeking the production of business entity tax returns.

Roseland

Employment Law

January 3, 2022

This matter involved a discovery dispute in a wrongful discharge employment matter. During discovery, the plaintiff sought the production of the tax returns and financial statements of his former employer, a closely-held corporation. Case Law Alerts, 1st Quarter, Janu

FINRA arbitration panel requires counsel to submit COVID-19 test result.

Philadelphia - Headquarters

Securities & Investments Professional Liability

January 3, 2022

FINRA currently requires proof of vaccination or a negative COVID-19 test within 72 hours of the start of live hearings. Case Law Alerts, 1st Quarter, Janu

Expungement of information related to settled customer dispute arising out of complaint not made by customer or person authorized to act on customer’s account.

Philadelphia - Headquarters

Securities & Investments Professional Liability

January 3, 2022

The FINRA arbitrator made a ruling pursuant to FINRA Rule 2080 that the customer’s claim, allegation, or information was factually impossible or clearly erroneous. Case Law Alerts, 1st Quarter, Janu

Questions on job application lead to suit against Florida employer.

Fort Lauderdale

Employment Law

January 3, 2022

A December 8, 2021, decision in the U.S. District Court for the Middle District of Florida means a lawsuit against a Lee County library will continue. Case Law Alerts, 1st Quarter, Janu

New Florida law mandates additional reporting requirements for newly retained independent contractors.

Fort Lauderdale

Employment Law

January 3, 2022

Beginning October 1, 2021, Florida businesses are required to report new hire information for independent contractors to the Florida Child Support Program. Case Law Alerts, 1st Quarter, Janu

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