| Marshall Dennehey

Successful Defense of Public Housing Authority Accused of Discrimination Against Disabled Persons Under the ADA and FHA.

July 13, 2022

In a case that was closely watched by other Public Housing Authorities (PHAs), we obtained a defense verdict after a six-day jury trial in the U.S. District Court for the Southern District of Ohio where we defended a PHA accused of discrimination against disabled persons under the ADA and FHA.

The Appellate Division Affirms Dismissal of Petitioner’s Three Claim Petitions for Failure to Sustain Burden of Proof.

Mount Laurel

Workers' Compensation

July 1, 2022

The petitioner began working for the respondent in 1999. In 2001, she was struck by a car and her right hand went through the windshield. She underwent surgery to repair her hand and another later to remove a neuroma. What’s Hot in Workers’ Comp

Court finds that claimant’s counsel was due a fee by the employer/carrier on an increase in the claimant’s average weekly wage.

Jacksonville

Workers' Compensation

July 1, 2022

The claimant requested adjustment of the average weekly wage as well as fee entitlement to claimant’s counsel. What’s Hot in Workers’ Comp

Court affirms Board’s decision, rejects employer’s arguments it was denied due process of law by refusal to allow certain evidence and improper determination that implied agreement existed for more severe injury than what was agreed to by the parties.

Wilmington

Workers' Compensation

July 1, 2022

Ms. Gallagher injured her low back in a work accident on June 13, 2018. The employer acknowledged the accident and paid total disability benefits, medical expenses and a 7% permanent impairment to the lumbar spine. What’s Hot in Workers’ Comp

FINRA censures and fines broker-dealer for use of instant messaging app.

Philadelphia - Headquarters

Securities & Investments Professional Liability

July 1, 2022

A FINRA registered broker-dealer had written procedures that prohibited the use of instant messages for business purposes unless the firm granted an individual permission to use them. Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole

Summary judgment granted and entitlement to good faith immunity pursuant to the New Jersey Tort Claims Act and due to plaintiff’s failure to establish causation.

Mount Laurel

Public Entity & Civil Rights Litigation

July 1, 2022

The Estate alleged that the Piscataway Police Department and its officer failed to recognize Yearby’s mental illness, which led to his death at the Middlesex County Correctional Facility. Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole

Deliberate indifference claim under 42 USC § 1983 for denial of medical care requires evidence that defendant had some subjective knowledge that inaction would pose serious risk to inmate and jail officer still ignored it.

Cleveland

Public Entity & Civil Rights Litigation

July 1, 2022

A pre-trial detainee stated claims under 42 USC section 1983 for failure to provide medical care against jail officers. The District Court granted summary judgment to the jail officers. The U.S. Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole

Summary judgment granted on legal malpractice action where plaintiff failed to timely produce an expert report.

Philadelphia - Headquarters

Lawyers' Professional Liability

July 1, 2022

The plaintiff in this legal malpractice action failed to produce an expert report by the deadline provided in the case management order. Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole

Gist of the action doctrine bars legal malpractice claim sounding in breach of contract when no breach of specific contractual promise is alleged.

Philadelphia - Headquarters

Lawyers' Professional Liability

July 1, 2022

The trial court dismissed the plaintiff’s legal malpractice claim sounding in breach of contract where the amended complaint did not allege facts to support that the defendant law firms breached any “specific executory promise.” The plaintiff alle Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole

Punitive damages awarded against attorney in legal malpractice action where attorney found to be derelict in providing representation to client.

Philadelphia - Headquarters

Lawyers' Professional Liability

July 1, 2022

The trial court, in a rare action, granted summary judgment to the plaintiffs in this legal malpractice action, finding that reasonable minds could not disagree that the defendant attorney had committed malpractice sounding in both negligence and Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole

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