| Marshall Dennehey

July 1, 2020

On March 6, 2020, the Pennsylvania Superior Court affirmed the trial court’s dismissal of the plaintiff’s wrongful use of civil proceedings claim against a lende

There is no bad faith when an insurer has a reasonable basis for denying coverage.

Philadelphia - Headquarters

Insurance Services – Coverage & Bad Faith Litigation

July 1, 2020

The U.S. Case Law Alerts, 3rd Quarter, July 202

Trial court erred by not granting the carrier a reasonable time after it had ruled on the non-privilege objection to provide a privilege log.

Orlando

Insurance Services – Coverage & Bad Faith Litigation

July 1, 2020

After the insurance carrier denied the homeowners’ hurricane water damage claim, the homeowners filed suit. Case Law Alerts, 3rd Quarter, July 202

New Jersey lacks general or specific jurisdiction over a foreign corporation even when the employee lives in New Jersey and works one day a week from her home office.

Mount Laurel

Employment Law

July 1, 2020

The defendant corporation was organized under the laws of New York and had its principal place of business in Staten Island. Case Law Alerts, 3rd Quarter, July 202

Plaintiff cannot state an “interference” claim under FMLA based on actions taken after he has exhausted his FMLA entitlement.

Mount Laurel

Employment Law

July 1, 2020

The plaintiff requested and received FMLA benefits. Case Law Alerts, 3rd Quarter, July 202

Transgender plaintiff in NJLAD claim is entitled to recover attorney’s fees and costs even when only equitable relief is awarded.

Mount Laurel

Employment Law

July 1, 2020

The plaintiff, who is transgender, alleged that he was subjected to hostile treatment during his arrest and due to his gender identity. Case Law Alerts, 3rd Quarter, July 202

Insured’s misrepresentations in the policy application could void the policy ab initio.

Cleveland

Insurance Services – Coverage & Bad Faith Litigation

July 1, 2020

It has long been the law in Ohio that an insurer can only void a policy ab initio for misrepresentations in the application if the applic Case Law Alerts, 3rd Quarter, July 202

Ohio Supreme Court declines to allocate liability across multiple insurers and multiple policy periods when the injury or damage occurred at a discernible time.

Cleveland

Insurance Services – Coverage & Bad Faith Litigation

July 1, 2020

Ohio has long recognized the “all sums” approach to allocation of insurance coverage for long tail claims that occur over multiple policy period Case Law Alerts, 3rd Quarter, July 202

Even where there is more than one contributing peril to a loss, coverage can be precluded if the policy expressly sets forth anti-concurrent language.

Fort Lauderdale

Insurance Services – Coverage & Bad Faith Litigation

July 1, 2020

The Third District Court of Appeal has shed light on the power of anti-concurrent language within homeowners policies of insurance. Case Law Alerts, 3rd Quarter, July 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of intere

The lead class plaintiff, especially in securities litigation context, should have a larger financial interest in the litigation and meet the requirements imposed under Fed. R. Civ. P. 23.

Mount Laurel

Securities & Investments Professional Liability

July 1, 2020

This securities class action lawsuit was filed under the Private Securities Litigation Reform Act (PSLRA) and alleged violations of the Securiti Case Law Alerts, 3rd Quarter, July 202

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