| Marshall Dennehey

January 3, 2022

The Pennsylvania Superior Court recently affirmed the trial court’s dismissal of intentional misrepresentation, negligent misrepresentation, and fraud in the inducement claims asserted against a sales agent who prepared a prospectus and the owner Case Law Alerts, 1st Quarter, Janu

Contractor and Subcontractor Payment Act applies to mixed-use projects involving both residential and non-residential or commercial units.

Pittsburgh

Architectural, Engineering & Construction Defect Litigation

January 3, 2022

The Contractor and Subcontractor Payment Act (CASPA), 73 Pa. Stat. Ann. Case Law Alerts, 1st Quarter, Janu

Due Process Clause of 14th Amendment does not require municipalities provide pre-termination hearing where employee’s position is eliminated following good faith government reorganization.

Philadelphia - Headquarters

Public Entity & Civil Rights Litigation

January 3, 2022

The plaintiff was chief of police from 2006 until the Township eliminated the department in 2016. In March 2016, the supervisors passed a resolution and enacted an ordinance eliminating the department. Case Law Alerts, 1st Quarter, Janu

When political subdivision installs lighting as part of real estate, sovereign immunity is waived if agency’s negligent installation and design creates dangerous condition.

Philadelphia - Headquarters

Public Entity & Civil Rights Litigation

January 3, 2022

A pedestrian brought a personal injury action against political subdivisions after falling while walking on a sidewalk in front of a public housing development around midnight. Case Law Alerts, 1st Quarter, Janu

Exculpatory release granting municipal immunity for violation of duty to maintain public roadways violated public policy.

Philadelphia - Headquarters

Public Entity & Civil Rights Litigation

January 3, 2022

The plaintiff was injured during a charity bike ride through the City of Philadelphia when he rode into a known, unmarked and un-barricaded sinkhole. Case Law Alerts, 1st Quarter, Janu

PA Superior Court holds that expert testimony is needed to prosecute claim of medical negligence.

Philadelphia - Headquarters

Health Care Liability

January 3, 2022

The plaintiff brought claim for medical malpractice, among several other claims, against Dr. Schmalenberger and West Shore Anesthesia Associates. Case Law Alerts, 1st Quarter, Janu

Plaintiff must show recognized duty is owed to support negligence claim.

Philadelphia - Headquarters

Health Care Liability

January 3, 2022

The plaintiff filed a lawsuit against the defendant hospital alleging, among other things, negligent mishandling of her medical records. Case Law Alerts, 1st Quarter, Janu

Plaintiff barred from re-litigating qualified immunity based on collateral estoppel as the same analysis would be used by state court as was used by federal court for state-based claims.

Mount Laurel

Public Entity & Civil Rights Litigation

January 3, 2022

The plaintiff asserted federal and civil rights claims against various police officers surrounding his shooting. Case Law Alerts, 1st Quarter, Janu

Court rules Labor Law 240(1) applicable to pulling forces.

New York

New York Construction & Labor Law

January 3, 2022

The Appellate Division, First Department ruled that proof that the wooden dunnage pulled the plaintiff down 3.5′ to the loading dock floor was entitled to summary judgment on Labor Law §240(1) because the dunnage was inadequate to prevent the plai Case Law Alerts, 1st Quarter, Janu

Application of assumption-of-risk and waiver-of-liability clauses in member agreement upheld regarding slip and fall, and denial of oral attempt to amend pleading to add claim for gross negligence affirmed.

Roseland

Amusements, Sports & Recreation Liability

January 3, 2022

The plaintiff alleged that as she was leaving class at a hot yoga studio, she slipped and fell on sweat on the floor. Case Law Alerts, 1st Quarter, January 2022 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developm

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